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
Table of Contents
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.
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.
| Country | Court |
|---|---|
| Lesotho | The Court of Resident Commissioner |
| Botswana | Any Court of an Assistant Commissioner or Magistrate |
| Sri Lanka | ->The Supreme Court ->Any District Court |
| Mauritius | The Supreme Court |
| New South Wales | The Supreme Court. |
| Zambia | The High Court |
| Seychelles | The Supreme Court |
| Somalia | The Protectorate Court |
| Zimbabwe | The High Court. |
| Kingdom of Swaziland | The 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. |
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.
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.;
- The Judgment must be final (finally and conclusively determine the rights of the parties)
- The judgment must be for payment of money or damages (refer to the definition of the Judgement by the Act, as I said before). In other words, only foreign judgment for compensation or damages can be executed in Tanzania
- it must be certified by the country of original
- It must be capable of being executed in the original court of the original country.
The above conditions were well discussed in the case of Jatinder Kaur vs Kilbinder Singh Florey (Misc. Civil Cause 10 of 2023) [2023] TZHC 17057 (21 April 2023).
How to apply for registration
Application for registration has to be made ex parte through Chamber summons supported by an affidavit (Rules 2 and 3 of the Rules)
The application must be titled “In the matter of the Reciprocal Enforcement of Foreign Judgements Act, and in the matter of a judgment of the (describing the Court) obtained in (describing the cause or matter) and dated the ………. day of ….., 20……..)”
The affidavit must state;
- that the applicant is entitled to enforce the judgment;
- as the case may require, either that at the date of application, the judgment has not been satisfied or, if the judgment has been satisfied in part, what the amount is in respect of which it remains unsatisfied;
- that at the date of the application, the judgment can be enforced by execution in the country of the original court.
- that, if the judgment were registered, the registration would not be, or be liable to be, set aside under section 6 of the Act;
- specifying the amount of the interest (if any) which under the law of the country of the original court has become due under the judgment up to the time of registration,
It must be accompanied by;
- a certified copy of the judgment issued by the original court and authenticated by its seal
- a translation of the judgment certified by a notary public or authenticated by affidavit
- such other evidence with respect to the matter
Order on application for registration
After the hearing of the application, the court will make an order granting leave to the judgment creditor to register a judgment.
Or otherwise it may refuse to register the judgment in case it violets and provision of the Act.
If granted the order will state the period within which an application may be made to set aside the registration and shall contain a notification that execution of the judgment will not issue until after the expiration of that period.
Once a foreign judgment is registered it will have it will have same force and effect as if it had been given by the High Court of Tanzania
Notice of Registration
Once the foreign judgment is registered, the Notice in writing of the registration of a judgment shall be served on the judgment debtor–
- if within the jurisdiction, by personal service as in the case of a summons, unless some other mode of service is ordered by a judge;
- if out of the jurisdiction, in accordance with the rules applicable to the service of a summons out of the jurisdiction, unless some other mode of service is ordered by a judge.
The notice of registration shall state–
- full particulars of the judgment registered and the order for registration;
- the name and address of the judgment creditor or of his advocate or agent on whom, and at which, any summons issued by the judgment debtor may be served; and
- the right of the judgment debtor to apply on the grounds provided in the Act to have the registration set aside;
- in accordance with the terms of the order giving leave to register, within what time from the date of service of the notice an application to set aside may be made.
Application to set aside registration
An application to set aside the registration of a judgment shall be made to a judge in chambers by summons supported by affidavit.
On an application, the judge may direct that an issue between the judgment creditor and the judgment debtor shall be stated and tried and may give such directions in relation to the trial of the issue as may be necessary.
Execution of Foreign Judgment
Once a foreign judgment is duly registered, the judgment creditor will be able to execute the same following the same procedure of execution of the Decree in Tanzania.
I have already covered the procedures and everything you need to know about executing the decree in Tanzania, you can read that post here
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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