Conflict of Laws Analysis: Zambian Case in London Civil Court

This assignment presents a detailed analysis of a conflict of laws case, focusing on civil proceedings brought before the London Civil Court by Zambia. The case involves allegations of financial misconduct, including the Zamtrop Conspiracy, MOFED Claim, and BK Conspiracy. The analysis explores the enforcement of foreign judgments under both statutory and common law schemes, highlighting the bases for refusal of enforcement and the legal frameworks in the UK and Zambia. The document examines the Administration of Justice Act and the Foreign Judgments Act, discussing the recognition and enforcement of foreign judgments in Zambia, including the relevant legal procedures and methods of enforcement. The assignment also references key legislations that are relevant to the case.

Running Head: CONFLICT OF LAWS
CONFLICT OF LAWS
Name of the Student
Name of the University
Author’s Note

1CONFLICT OF LAWS
QUESTION a:
The civil proceedings were brought before the London Civil Court by Zambia on three
grounds. The first ground was the Zamtrop Conspiracy. It was named after the incident where
the President Chiluba extracted money from various public bank accounts under the Ministry of
Finance and pooled it into two anonymous London-held bank accounts for his own personal use.
The President was accused to have been involved in the siphoning of 25 million dollars from
public accounts into the fake accounts under the impression of fake contracts.
The second ground was MOFED Claim. Although the claim ultimately failed, the
President was accused for the breach of fiduciary duty, in which he had improperly obtained a
property against which he would be entitled to a sum of 100,000 pounds a year.
The third ground was BK Conspiracy wherein the funds were funneled to Belgium and
Switzerland and some to London too with respect to dealings made in arms worth 20,000,000
dollars from Zambia.
The statutory and the Common Law scheme are the most conservative and permit only
the budgetary judgments to be enforced, except the judgments related to taxation and penalties1.
According to the Common Law, a judgment will be enforced only if such judgment is
conclusive. However, the judgments, which are subject to appeal, may also be considered final
which the sole discretion of the court is.
1 Section 12(1) of the Administration of Justice Act 1920 and Section 1(2) of the Foreign Judgments (Reciprocal
Enforcement) Act 1933

2CONFLICT OF LAWS
As per the Common Law, a foreign judgment can only by enforced by means of a fresh
new legal proceedings. Summary Judgment can also be obtained2 if the debtor has no credibility
to defend the claim. The maximum period for the recognition and enforcement of a foreign
judgment as stated by the Common Law is six years.
QUESTION b:
Under the Common Law, following are the basis of refusal:
 The judgment is contradictory to the public policy prevalent in England and Wales.
 The principles of natural justice were breached or the statutory requirements were not
fulfilled.
 Existence of previous final judgment with respect to jurisdiction dispute by a court in that
matter.
 Lack of jurisdiction of the original court in one or more limited grounds.
 Fraudulent methods were followed to obtain the judgment.
 The proceedings of the original court contradict with the contractual dispute resolution
system as agreed upon by the parties excluding the legal proceedings of court in that
country3.
 The judgment decides and confers decision for multiple matters4. Such ground was
included to protect Companies of UK from extraterritorial jurisdiction of United States
authorities.
2 Civil Procedure Rule 24
3 Section 32 of the Civil Jurisdiction and Judgments Act 1982
4 Section 5 of the Protection of Trading Interest Act 1980

3CONFLICT OF LAWS
Under the UK scheme, there are not many grounds, except two, on which a foreign judgment
cannot be recognized and enforced5 which are:
 The pre-requisites for registration and certification were not met.
 Existence of a previous judgment on the matter of dispute by the court having
jurisdiction over the matter.
QUESTION c:
Zambia lacks the national legislations to support and allow automatic recognition and
enforcement of foreign judgments. However, a provision in the Administration of Justice Act6
allowed a person who has obtained a judgment in a place, which constitutes a part of the
commonwealth, may apply to the High Court in England within 12 months from its registration.
Hence, if the statutory laws are absent, then the principles of international law permit a foreign
judgment to be recognized and enforced in Zambia at par with the common law. In other words,
the foreign judgments are enforceable in Zambia either by way of registration under the Foreign
Judgments Act or re-litigation process under the Common Law.
As stated in the Foreign Judgment Act, a registered judgment will have the same effect as
the judgment has been passed by the High Court and registered on that date7. The judgments are
enforced by the High Court through various writs like Fieri Facias, Eligit, Charging Order, and
Garnishee Proceedings, and so on depending upon the context of the judgments or the order of
the court like payment of money. Hence, it can be affirmed that the Foreign Judgment Act of
Zambia supports the assertion that in case of conflict of rules, a foreign court which renders a
5 Schedule 6, Paragraph 10 and Schedule 7, Paragraph 9 of the Civil Jurisdiction and Judgments Act 1982
6 1920 Act of England (“Administration of Justice Act”)
7 Section 4(2)(a) of the Foreign Judgment Act

4CONFLICT OF LAWS
judgment is capable of recognition in Zambia had jurisdiction over both the parties and the
subject matter.

5CONFLICT OF LAWS
BIBLIOGRAPHY:
Legislations
Civil Procedure Rule 24
Schedule 6, Paragraph 10 and Schedule 7, Paragraph 9 of the Civil Jurisdiction and Judgments
Act 1982
Section 12(1) of the Administration of Justice Act 1920 and Section 1(2) of the Foreign
Judgments (Reciprocal Enforcement) Act 1933
Section 32 of the Civil Jurisdiction and Judgments Act 1982
Section 5 of the Protection of Trading Interest Act 1980
Section 4(2)(a) of the Foreign Judgment Act
1920 Act of England (“Administration of Justice Act”)