Execution of Foreign Judgment in Tanzania [procedures]

This post teaches everything you need to know about the execution or enforcement of foreign judgment in Tanzania.

Here I will cover;

  • what is a foreign judgment?
  • what is a foreign court?
  • The law governing the execution of foreign judgment in Tanzania
  • procedure for enforcement of a foreign judgment in Tanzania
    • reciprocity
    • conditions of registration
    • how to apply for registration
  • etc.

Let’s get started

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Meaning of foreign Judgement

Section S. 3 Civil Procedure Code CAP 33 R.E 2019 (CPC) defines foreign judgment as the judgment of a foreign court.

The same provision defines foreign court to mean a court situated beyond the limits of Tanzania that has no authority in Tanzania;

Therefore foreign judgment is the judgment passed by the court situated beyond the limits of Tanzania and it has no authority in Tanzania.

Enforcement of foreign Judment in Tanzania

Generally, foreign judgments are enforceable in Tanzania in accordance with the Reciprocal Enforcement of Foreign Judgments Act [Cap. 8 R.E. 2019] (the Act) read together with the Reciprocal Enforcement of Foreign Judgments Act (Extension of Part II) Order and Reciprocal Enforcement of Foreign Judgement Rules GN No. 15 of 1936. the rules,

The Act defines the Judgment to mean a judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings, for the payment of a sum of money in respect of compensation or damages to an injured party. (shika hii point, tutaitumia baadae)

Reciprocity

In accordance with the provisions outlined in the Reciprocal Enforcement of Foreign Judgments Act [Cap. 8 R.E. 2019], it is essential to underscore that only judgments issued by the courts of a nation with a reciprocal arrangement with Tanzania hold enforceability within Tanzanian jurisdiction.

See also  Objection proceeding notes in Tanzania (+Pdf)

This legal principle serves as a cornerstone in facilitating the recognition and enforcement of foreign judgments within Tanzania’s legal framework.

The reciprocity requirements delineate the requirement that for a foreign judgment to be recognized and enforced in Tanzania, it must originate from a jurisdiction that, in turn, acknowledges and enforces judgments issued by Tanzanian courts.

This mutual recognition and enforcement mechanism promotes international cooperation and legal comity among nations, fostering trust and facilitating cross-border legal proceedings.

Currently, 11 countries enjoy reciprocity when it comes to the enforcement of the foreign judgment.

CountryCourt
LesothoThe Court of Resident Commissioner
BotswanaAny Court of an Assistant Commissioner or Magistrate
Sri Lanka->The Supreme Court
->Any District Court
MauritiusThe Supreme Court
New South WalesThe Supreme Court.
ZambiaThe High Court
SeychellesThe Supreme Court
SomaliaThe Protectorate Court
ZimbabweThe High Court.
Kingdom of SwazilandThe Special Court
United Kingdom->The High Court of England.
->The Court of Session in Scotland.
->The High Court in Northern Ireland.
->Palatine of Lancaster.
->The Court of Chancery of the Country.
->Palatine of Durham.
According to the Schedule set out in the Reciprocal Enforcement of Foreign Judgements (Extension of Part II) Order.

I repeat: Only judgement passed on the above countries and courties can be executed in Tanzania.

In terms of section 3(1) of the Act, the President may add more countries to the list.

Registration

To initiate the enforcement process for a foreign judgment originating from one of the listed countries, the judgment creditor is required to submit an application to the High Court of Tanzania to have the judgment registered. Section 4 of the Act

According to the provisions of the Act, the judgment holder must file the application for registration of the foreign judgment within six (6) years from the date of the original judgment.

See also  Execution of Decree in Tanzania: The Ultimate Guide

Alternatively, if there have been subsequent legal proceedings, such as appeals, pertaining to the judgment, the application must be submitted within six (6) years from the date of the last judgment rendered in those proceedings.

Conditions for registration

The following are the qualifications for a foreign judgment to be registrable.;

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Conclusion

My aim here was to share with you everything you need to know about the Execution of Foreign Judgment in Tanzania.

Hope you have found this post useful, in case of any questions feel free to leave your comments right now.

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