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 of Foreign Judgments Act [Cap. 8 R.E. 2023] (REFJA). This Act provides a quick and simplified registration process for judgments obtained from jurisdictions that have a pre-established reciprocal enforcement agreement with Tanzania.
Applicability of REFJA
The application of REFJA is highly restrictive, extending only to countries designated by the President of Tanzania via a gazetted order, following the assurance of mutual recognition. The current list of reciprocating countries is very limited, primarily consisting of a small number of Commonwealth nations.
If a foreign judgment is issued by a Superior Court of a designated country, the judgment creditor can follow the statutory procedure:
- Application for Registration: An ex parte (one-sided) application is filed with the High Court of Tanzania to have the foreign judgment registered.
- Time Limit: The application must be made within six years from the date of the foreign judgment.
- Effect of Registration: Once registered, the foreign judgment is treated, for the purposes of execution, as if it were a judgment originally delivered by the High Court of Tanzania. Enforcement then proceeds under the general provisions of the Civil Procedure Code [Cap. 33 R.E. 2023].
Grounds for Setting Aside Registration
The judgment debtor has the right to apply to the High Court to have the registration set aside on mandatory grounds, including:
- The judgment was obtained by fraud.
- The original court lacked competent jurisdiction.
- The judgment debtor did not receive sufficient notice of the original proceedings.
- The judgment is contrary to public policy in Tanzania.
2. Common Law Enforcement: The Fresh Suit Route
For judgments originating from countries that do not have a reciprocal agreement with Tanzania (which includes the majority of the world’s commercial jurisdictions, such as China, the US, and many EU states), the direct registration route under REFJA is unavailable. The judgment creditor must instead resort to the common law method of enforcement.
Action on the Judgment
This procedure requires the judgment creditor to institute a fresh suit (a new civil case) in the High Court of Tanzania. The foreign judgment is not enforced as an order, but rather becomes the cause of action itself, creating a new debt obligation enforceable in Tanzania.
The Tanzanian court will treat the foreign judgment as conclusive evidence of the debt, without re-examining the merits of the original case, provided the judgment meets certain common law requirements:
- Competent Jurisdiction: The foreign court must have had jurisdiction over the defendant according to Tanzanian private international law rules.
- Final and Conclusive: The judgment must be final and conclusive.
- Monetary: It must be a fixed monetary judgment.
- No Contravention: It must not have been obtained by fraud, or be contrary to Tanzanian public policy or natural justice.
Limitation Period
A significant distinction under this common law route is the applicable limitation period. Since the action is considered a “suit founded upon a judgment,” it generally benefits from the longer twelve-year limitation period prescribed under the Law of Limitation Act [Cap. 89 R.E. 2023], running from the date of the foreign judgment. This offers a substantial advantage over the six-year limit under REFJA.
Summary of Enforcement Paths
| Feature | Statutory Route (Under REFJA) | Common Law Route (Action on Judgment) |
| Applicable Judgments | Only from a few designated, reciprocating countries. | All non-reciprocating jurisdictions (most countries). |
| Legal Procedure | Application for registration to the High Court. | Filing a fresh civil suit in the High Court. |
| Enforcement Basis | The registered judgment is treated as a local High Court decree. | The foreign judgment is treated as conclusive evidence of a debt. |
| Time Limit | Six years from the date of the foreign judgment. | Twelve years from the date of the foreign judgment. |
In both scenarios, the process is handled by the High Court of Tanzania, and involves procedural steps under the Civil Procedure Code to ultimately execute the recognized judgment against the debtor’s assets located within the Tanzanian jurisdiction. Due to the complexities of cross-border litigation, seeking expert local legal advice is essential for successfully navigating this dual-regime system.
The Author
The Author Sunday Ndamugoba is a partner with the firm. He can be reached at sunday@rive.co.tz
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. The content is a summary of the draft guidelines and should not be relied upon as a substitute for professional legal counsel. Clients should consult with a qualified legal professional to understand how these guidelines specifically apply to their business operations. RIVE& Co. disclaims all liability for any actions taken or not taken based on this information.