VENETIAN BLINDS SPECIALISTS LTD v APEX HOLDINGS (PVT) LTD 2010 (1) ZLR 451 (H)

2010 (1) ZLR p451

Flynote

Evidence – foreign law – enforcement of a foreign judgment – failure of party seeking enforcement to lead evidence as to the foreign law – effect of such failure.

International law – foreign judgment – enforcement of – principles – effect to such judgments should be given in the absence of a violation of some fundamental principle of justice – modification of judgment by local court – expert evidence as to the foreign law required – whether enforcement of judgment would contravene public policy – foreign court alleged to have failed to calculate special damages correctly – judgment not totally flawed and not an affront to justice – foreign judgment expressed in foreign currencies – tender of payment in local currency – not a sufficient discharge of judgment debt – failure to comply with express terms of foreign judgment – judgment of foreign court of first instance complied with by full payment of judgment debt – such payment in turn satisfying the order of foreign court of appeal – claim to enforce foreign judgment dismissed

Practice and procedure – judgment – foreign judgment – recognition and enforcement of – limited circumstances in which correctness of foreign judgment may be reviewed – modification of foreign judgment – modification in accordance with provisions of foreign statute – need to properly prove provisions of foreign law