Cap. 52 Art. 3Enforcement in Maltaofjudgments obtained in superior courts in the United Kingdom.

(1) Where a judgment has been obtained in a superior court in the United Kingdom, the judgment creditor may apply to the

Court of Appeal, at any time within twelve months after the date of the judgment, or such longer period as may be allowed by the said

Court of Appeal, to have the judgment registered in one of the superior courts of Malta; and, on any such application, the court may, if in all circumstances of the case it thinks it is just and convenient that the judgment should be enforced in Malta, and subject to the provisions of this article, order the judgment to be registered accordingly.

(2) No judgment shall be ordered to be registered under this article if -

(a) the original court acted without jurisdiction; or

(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear or otherwise submit, or agree to submit to the jurisdiction of that court; or business within the jurisdiction of that court or agreed to submit to the jurisdiction of that court; or

(d) the judgment was obtained by fraud; or

(e) the judgment debtor satisfies the registering court either that an appeal is pending, or that he is entitled, and intends to appeal against the judgment; or

(f) the judgment was in respect of a cause of action which for reasons of public policy or for some other similar reason, could not have been entertained by the registering court.

(3) Where a judgment is registered under this article -

(a) the judgment shall, as from the date of registration, be of the same force and effect, and executive proceedings may be taken thereon, as if it had been a judgment originally obtained or entered up on the date of registration in the registering court; and its registration in the Public Registry Office may be made in accordance with the local law for the time being in force;

(b) the registering court shall have the same control and jurisdiction over the judgment as it has over similar judgments given by itself, but in so far only as relates to execution under this article;

(c) the costs of and incidental to the registration of the judgment (including the costs of obtaining a certified copy thereof from the original court and of the application for registration) shall be recoverable in like manner as if they were sums payable under the judgment.

(4) The Court of Appeal shall have power to make rules to provide -

(a) for the mode of registration and the preservation of registers;

(b) for service on the judgment debtor of notice of the application for the registration of a judgment under this article;

(c) for enabling the registering court, on an application by the judgment debtor, to set aside the registration of a judgment under this article on such terms as the court thinks fit; and

(d) for suspending the execution of a judgment registered under this article until the expiration of the period during which the judgment debtor may apply to have the registration set aside.

(5) In any action brought in any court in Malta on any orders.