Enforcement of foreign judgments in Tanzania is provided for under the Reciprocal Enforcement of Foreign Judgments Act [1] as well as regulated under the Reciprocal Enforcement of Foreign Judgments (Extension of Part II) Order GN No 8 & 9 of 1936 and the Reciprocal Enforcement of Foreign Judgment Rules GN No. 15 of 1936 and the Civil Procedure Code [2].
The definition of a foreign judgment
Section 3 of the Civil Procedure Code [3] defines a foreign judgment as a judgment of a foreign court. A foreign court has been defined under the same section 3 of the Code [4] to mean a court situated beyond the limits of Tanzania which has no authority in Tanzania. Thus, a foreign judgment is a judgment resulting from court proceedings conducted outside Tanzania.
Foreign Judgments that can be registered in Tanzania
In terms of the Reciprocal Enforcement of Foreign Judgment (Extension of Part II) Order, it is only a judgment from the following courts that may be enforced in Tanzania, and only where such a judgment is made in compliance with the requirements of the Reciprocal Enforcement of Foreign Judgments Act: –
- a) the Court of Resident Commissioner of Lesotho,
- b) any court of an Assistant Commissioner or Magistrate of Botswana,
- c) the Supreme Court and any District Court of Lanca,
- d) the Supreme Court of Mauritius,
- e) the Supreme Court of New South Wales,
- f) the High Court of Zambia,
- g) the Supreme Court of Seychelles,
- h) the Protectorate Court of Somalia,
- i) the High Court of Zimbabwe,
- j) the Special Court of Swaziland, and
- k) the following English courts:
- High Court of England;
- the Court of Session in Scotland;
iii. the High Court in North Ireland;
- Palatine of Lancaster;
- the Court of Chancery of the Country; and
- Palatine of Durham.
Conditions to be met before registering a foreign judgment.
There are several conditions that the court will look at before registering a foreign judgment. The conditions are as follows: –
- if such judgment is final and conclusive as between the parties; [5]
- there is payable under the Judgment a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty;
- if it does not offend public policy; [6]
- the judgment is given after coming into operation of the order directing the Act to extend to that foreign country;
- if it is not time-barred; [7]
- it has not been wholly satisfied; and [8]
- it could be enforced by execution in the country of the original court at the time of the application for registration.
The Registration Process of Foreign Judgments in Tanzania.
- Application to the High Court by the Judgment Holder and Registration
Section 4 of the Reciprocal Enforcement of Foreign Judgments Act [9] provides that a judgment creditor may apply to the High Court at any time within six (6) years after the date of judgment or where there have been proceedings by way of appeal against the judgment, within six (6) years after the last judgment given in those proceedings. The application lodged should be supported by an affidavit of the facts which include: –
- a certified copy of the judgment issued by the original court and authenticated by its seal and an English translation of the judgment certified by a notary public or authenticated by affidavit;
- stating to the best of the information and belief of the deponent:-
- that the applicant is entitled to enforce the judgment;
- that at the date of the application the Judgment has not been satisfied or if satisfied partly then to what amount;
- that at the date of the application the judgment can be enforced by execution in the country of the original court; and
- that if the Judgment were registered, the registration would not be liable to be set aside;
- specifying the amount of 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.
Once all requirements for registration are met, an Order granting leave/permission to register is issued. The said Order will indicate the period within which an application may be made to set aside the registration as well as contain a notification that execution of the Judgment will not issue until after the expiration of the period so specified.
- Setting aside the Registration
Following the registration, the law gives room to the Judgment Debtor to challenge the registration by way of an application upon satisfying the registering Court that:-
- the Judgment is not a Judgment to which the Act applies;
- the courts of the country of the original court had no jurisdiction in the circumstances of the case;
- that the Judgment Debtor, being the Defendant in the proceedings in the original court did not receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear;
- there was fraud in procuring the foreign judgment from the foreign court;
- the foreign judgment offends public policy in Tanzania; and
- the rights under the judgment are not vested in the person by whom the application for registration was made.
Execution of the registered foreign Judgment
Upon the expiration of the time set for setting aside the registration specified in the Order giving leave to register the Judgment, or upon the expiration of the extended time within which to set aside the registration, the Judgment Creditor may apply to the Court for the execution of the Judgment. The Judgment Creditor must satisfy the Court that notice of the registration and any order made by the Court was served on the Judgment Debtor.
[1] [Cap 8 Revised Edition 2019]
[2] Civil Procedure Code [Cap 33 Revised Edition 2019]
[3] Civil Procedure Code [Cap 33 Revised Edition 2019]
[4] Ibid
[5] [Cap 8 Revised Edition 2019]
[6] [Cap 8 Revised Edition 2019]
[7] Ibid
[8] Ibid
[9] [Cap 8 Revised Edition 2019]