The Moçambique rule, or (to adopt an anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions. It was established in 1893 by the House of Lords decision in British South Africa Co v. Companhia de Moçambique AC 602.
Essentially, it is a self-imposed rule to limit jurisdiction in respect of actions relating to:
- Title to Foreign Land
- Possession to Foreign Land
- Damages of Trespass to Foreign Land
In Hesperides Hotels v Muftizade AC 508, Lord Wilberforce referred to the ruling in Mozambique in the following terms: "Subject to exceptions hereafter mentioned, the court has no jurisdiction to entertain an action for (1) the determination of title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery of damages for trespass to such immovable."
Although, under section 30 of the Civil Jurisdiction and Judgments Act 1982 "the jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property."
Read more about Mozambique Rule: History of The Rule, See Also
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