Patel v Vyas
Patel v Vyas (Civil Appeal No. 16 of 1945) [1946] EACA 4 (1 January 1946)
The Court held that a decree of the High Court of Uganda, when transferred for execution to Kenya under the Judgments Extension Ordinance, is not a 'foreign judgment' because the reciprocal legislation grants the Uganda court ad hoc authority within Kenya. Consequently, the law of limitation applicable to execution is that of Uganda, not Kenya. Even if the Kenya law were to apply, the proper limitation period for execution of decrees is twelve years under section 3 of the Kenya Limitation Ordinance, not six years under the Indian Limitation Act. The decision in Ambalal Chhotabhai Patel v. The…
Source excerpt
- Execution Of Foreign Decrees
- Limitation Periods
- Reciprocal Enforcement
- Definition Of Foreign Judgment