In a judgement delivered on 28 April 2021 by the Court of
Appeal, as presided by the Honourable Chief Justice Mark Chetcuti,
the Honourable Judge Joseph R. Micallef, and the Honourable Judge
Tonio Mallia, the Court of Appeal declared, inter alia, that save
for the appearance either personally or through legal
representation of a party in foreign judicial proceedings, an
application for the enforcement of a non-EU judgement in Malta
requires proof that the party cast was resident or domiciled in the
State by whose courts the foreign judgement was delivered.
On 15 June 2008, a judgement was awarded by the South Tripoli
Primary Court – 2nd Civil Circuit in Tripoli, Libya (the
'Libyan Judgement') in favour of Ahmed Mohamed Ezwawi and
against Frank Anthony Cachia (the 'Appellant'). Mr Ezwawi
had subsequently filed a lawsuit in the Malta First Hall Civil
Court to obtain the local recognition and enforcement of the Libyan
Judgement. The lawsuit was filed on the basis of
