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 …