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