KASSIM MAMOOJEE Vs. ISUF MAHOMED SULLIMAN

JUDGEMENT

(1.) The plaintiff sues to recover the amount due under nine several judgments obtained by him against the defendant and others in the Supreme Court of Mauritius.

(2.) The judgments are of various dates, from the 8 February 1898 to the 29 March of the same year.

(3.) It is, I think, clear that these judgments are foreign judgments within the meaning of the Civil Procedure Code, and that the Supreme Court of Mauritius is a Court which is established by an order of Her Majesty in Council, and, as appears on the face of the judgments, that the defendant did not appear and that judgment was entered up against him in his absence. It appears further that the Court was satisfied that for the purposes of these suits the defendant was properly represented by one Allam, who was found to be carrying on business in Mauritius in partnership with the defendant, and I think that I must take it that the Court was satisfied that there was sufficient authority in Allam, as the representative of the defendant, to accept process on his behalf, and that Allam was properly served with processes in all the suits and had the opportunity of appearing and defending them on behalf of the defendant, if he had thought proper so to do.