Recognition and Enforcement of foreign judgements in Zambia: An overview of the law

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Mwamulima, Joshua
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This research has set to give an overview of the law on recognition and enforcement of foreign judgments in Zambia in light of the decision in Attorney General v Chiluba and others'. In a bid to establish the above, this research seeks to address the issue of recognition and enforcement of foreign judgments both at common law and under statutCT This research further sets out to determine how the Courts in Zambia have interpreted the law governing recognition and enforcement of foreign judgments. Finally, this research has set out to address the relationship between recognition and enforcement of foreign judgments and the promotion of international commerce.The objectives of this research have been achieved by analysing the applicable laws, judicial decisions, textbooks, scholarly articles, magazine articles and internet sources. This research found that enforcement at common law is governed by the common law of England, while the Foreign Judgments (Enforcement Reciprocal) Act governs the statutory enforcement mechanism.The research has also revealed that the court was on point when it refused to register the English judgment in the Chiluba case. However, it has revealed that the British Colonial Judgments Act is still applicable in contrast to what the court held. This research has further revealed that the current law is not effective as it is unduly complicated, out of tune with current demands, time consuming and expensive, and therefore, reform is inevitable. Finally,this research has proposed that the Foreign Judgment Act be extended to England and that courts be allowed to grant judgments in foreign currency.(2007) HP/FJ/004(unreported)
Civil Procedure(International Law) , Judgements, Foreign---Zambia