Opera Software Ireland Ltd v Keraco Holdings Ltd (Miscellaneous Case E059 of 2024) [2024] KEHC 8699 (KLR) (Commercial and Tax) (22 July 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8699
- Citation
- [2024] KEHC 8699 (KLR)
- Decided
- 22 July 2024
The judgment-debtor did not voluntarily submit or consent to the choice of law condition, and the original court did not have jurisdiction to entertain the matter. The subject judgment is subject to be set aside under section 10(2)(c) of the Foreign Judgments (Reciprocal Enforcement) Act.
Facts
The judgment-creditor sought recognition and enforcement of a judgment given in the High Court of Justice, Kings Bench Division in London, UK, against the judgment-debtor for USD 4,370,944.81. The judgment-debtor opposed the summons, arguing that the judgment was not registrable due to an onerous jurisdiction clause and that the judgment-debtor was not informed of the proceedings.
Issues
- Whether the judgment-debtor voluntarily submitted to the choice of law condition
- Whether the judgment-debtor consented to the jurisdiction of the English courts
Reasoning
The jurisdiction clause was an onerous clause that should have been expressly brought to the attention of the judgment-debtor. The judgment-debtor was not informed of the proceedings that culminated in the judgment.
Outcome
The Originating Summons is dismissed with costs.
Authorities cited
Legislation (2)
- Foreign Judgments (Reciprocal Enforcement) Act
- Civil Procedure Rules
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