Enforcement of foreign judgments in the Republic of Tanzania (Mainland) is governed by a dual system consisting of a statutory regime and the common law, providing foreign judgment creditors with two distinct legal avenues to pursue local execution of their decrees. 1. Statutory Enforcement: The Reciprocity Route The primary statutory framework is the Reciprocal Enforcement…

In a pivotal moment for Tanzania’s legal landscape, the Court of Appeal has delivered a definitive ruling that settles a long-standing and complex legal question concerning land ownership. The judgment in the case of Attorney General vs. Emmanuel Marangakisi & Others has sent a clear message that will profoundly impact both local citizens and the…

The Court of Appeal of Tanzania in Oryx Energies Tanzania Limited vs. Mo Assurance Company Limited and Encod Limited (Civil Appeal No. 705 of 2023) has delivered a significant judgment regarding the proper judicial approach when a party initiates a court suit despite a valid arbitration agreement. The ruling, authored by Justice D.J. Nangela, clarifies…

Tanzania is one of 158 Contracting States to the International Centre for Settlement of Investment Disputes (“ICSID”), which provides facilities for conciliationand arbitration of investment between Contracting Parties and nationals of other Contracting Parties.  We consider here one of the instruments through which the ICSID facilities are extended to Contracting Parties, the Bilateral Investment Treaty…

The economic trajectory of Tanzania, marked by a surge in large-scale infrastructure projects, cross-border investments, and sophisticated international trade, has brought with it an increase in the complexity and volume of commercial disputes. For decades, the primary avenue for resolving these conflicts was the formal court system. However, the inherent challenges of litigation namely, court…