Transnational litigations: Challenges to recognition and enforcement of foreign judgements in Uganda

Abstract

This study analyzes the challenges judgment creditors face in having foreign judgments enforced in Uganda. It analyses the two legal regimes under which foreign judgments can be enforced including the common law regime which applies to non-designated territories and statutory regime which applies to designated countries. Under the statutory regime the study analyzes the two main Statutes namely the Reciprocal Enforcements of Judgments Act and the Foreign Judgments (Reciprocal Enforcement) Act. The study reveals that there are challenges such as lack of predictability, certainty and fairness regarding jurisdictional competence and its conditions such as submission, fleeting or mere presence, expansive definition of public policy, refusal/rejection of non-monetary judgments. The study found out that different jurisdictions have adopted new approaches on enforcing foreign judgments in an effort to minimize some of the problems of the common law system. The study concludes that Uganda should draw lessons from such countries with innovative approaches on recognition and enforcement of foreign judgments. It recommends that the time within which to file for an application in the High court should be uniform for example six years for all countries, the number of the designated countries should be increased to match Uganda’s international relations, that Uganda should sign international treaties like the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 1971 and the Public policy defence should be given limited interpretation.