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Colonial Cases

Muller v. Zaghlul, 1933

[enforcement of foreign judgment]

Muller v. Zaghlul

Court of Appeal, Palestine
Khaledi and Frumkin JJ, 1933
Source: The Palestine Post, 5 January 1933

 

THE COURT OF APPEAL

Before The Chief Justice, Mr. Justice Khaldi and Mr. Justice Frumkin.

MULLER v. ZAGHLUL

(Civil No. 70/31.)

EXECUTION OF A FOREIGN JUDGMENT

   The Court of Appeal allowed the appeal in this case from the District Court of Haifa, which had held that the Execution of a Foreign Judgment for the amount of a sum of money less than £P. 100, was within the jurisdiction of the magistrate's court.

   In this case the Respondent obtained a judgment from the Magistrate's court in Maan, against the Appellant to pay a sum of money, which as less than £P.100.  The Respondent then tried to have the judgment executed through the magistrate's court at Haifa.  Mr. M. Shems, the Magistrate, however, refused the application on the ground that in accordance with the Execution of Foreign Judgments Rules., 1928, the only competent Court in such cases was the District Court.

   On appeal to the District Court, the decision of the learned Magistrate was [reserved] on the ground that the judgment being less than £P.100. the case was within the jurisdiction of the Magistrate.  The Court of Appeal, however, reversed this decision and confirmed the judgment of the Magistrate on the grounds given by him.

   Mr. Washitz appeared for the Appellant; Atta Eff. Surmuri, for the Respondent.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School