MESSRS LINER MOTORS V. OCEAN MOTORS LIMITED

RULING 

MOTION TO SET ASIDE ORDER OF THE COURT FOR REGISTRATION OF  FOREIGN JUDGMENTS – SECTION 83 OF COURTS ACT, 1993 (ACT 459) AND  ORDER 71 RULE OF C.I. 47 

i. Introduction:  

[1] Against the backdrop of a foreign judgment from the High Court of Modena, Sassuolo  Division, Italy registered by this Court on June 15, 2016 in favour of the Respondent herein against  the Applicants herein to enforce the Orders contained therein, the Applicants have filed the instant  application seeking an order to set aside the registration. The Respondent has filed an affidavit in  opposition to the application. The application is filed pursuant to Section 83 of the Court’s Act,  1993 (Act 459) and Order 71 Rule 9 of the High Court Civil Procedure Rules, (2004) CI 47. 

[2] The grounds upon which the application is premised are catalogued in the 19 paragraph  supporting affidavit accompanying the motion paper. The rationale underpinning the instant  application is stated at paragraphs 15 and 16 of the …