ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
9.3 Pre-judgment and Post-judgment Interest The winning party is entitled to interest for the period prior to the judgment, from the due date of the obligation, and to interest accruing after the commencement of the action until the obli- gation has been fulfilled. In either case, the claim for interest must be filed in the initial complaint and must be expressly granted by the court in the judgment. 9.4 Enforcement Mechanisms of a Domestic Judgment In order to enforce a national judgment, enforce- ment proceedings shall be initiated and attached to the lawsuit in which the judgment was handed down. Enforcement must have one of the following purposes:
• that there is no doubt about the authenticity of the document containing the judgment or about its intelligibility; • that the judgment is final – ie, not subject to appeal or any other way of ordinary challenge under the rules of the country of origin; • that it has been delivered by a court with jurisdiction; • that lis pendens or the existence of res judicata cannot be invoked, based on legal action carried out at an Angolan court; • that the defendant has been duly summoned and that, if they have been convicted ex parte (due to non-opposition), the service has been given in person; • that it does not contain decisions that are contrary to the principles of Angolan public order; and • that when the judgment is handed down against an Angolan defendant, it does not offend the provisions of Angolan private law when the matter should be resolved by the Angolan conflict of law rules. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation In recent decades, the judicial system has been based on just two bodies: the provincial courts and the Supreme Court. The replacement of the provincial courts by District Courts (judicial districts are generally smaller than the provin- cial division) is currently legislated and in an advanced process of implementation. There are three levels of common courts in this new judi- cial structure: • the Supreme Court; • the Court of Appeal; and • the District Courts.
• the payment of a certain amount; • the delivery of a specific thing; or • a de facto performance.
Once the enforcement procedure is initiated, the opposing party is given a notice to voluntarily comply. If it fails to do so, the necessary means of enforcement shall be used, which may include the attachment and sale of goods or the judicial delivery of goods to the claimant. 9.5 Enforcement of a Judgment From a Foreign Country The enforcement in Angola of a judgment ren- dered by a foreign court is subject to the prior review and confirmation of that judgment by an Angolan higher court. The reviewing and confir- mation of the judgment is a lawsuit in which the court does not hear the decision on the merits, but enforces certain legal requirements, namely:
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