CHAPTER 8 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS ACT . [PRINCIPAL LEGISLATION] AG O Arrangement of Sections f ion o miss Section Title er t p part i ou ith PRELIMINARY PROVISIONS w ted 1. Short title. ibutr 2. Interpretation. is or d d part ii ceu REGISTRATION OF FOREIGN JUDpGroE dMENTS e 3. Power to extend this Part to foreign countries g ibvein rg reciprocal treatment. 4. Application for, and effect of, registration ofm foa yreign judgements. 5. Power to make rules of court. ok o 6. Cases in which registered judgementsis s bhall, or may be set aside. 7. Powers of registering court on ap polf itchation to set aside registration. 8. Foreign judgements which canpa b rte registered not to be enforceable otherwise. 9. Omitted. No d. erv e es part iii MISCtEs L r LANEOUS AND GENERAL PROVISIONS h 10. General effelcl rt i gof certain foreign judgements. 11. Power to A ia .m ake foreign judgements unenforceable in Tanzania if no reciprocity. 12. Issuez oafn certificates of judgements obtained in Mainland Tanzania. n of Ta en t rnm ov e 5 G 20 2 © 287 CHAPTER 8 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS ACT G. O A An Act to make provisions for the reciprocal enforcement of judgements as of on between Mainland Tanzania and foreign countries and for other relatesdiis matters. rm pe [5th hJou ulty, 1935] Ord. No. it 12 of 1935 d w R.L. ute Cap. 8 ist rib d d o r ceu PART Ipro d re PRELIMINARY Pe ROVISIONS ay b k m Short title 1. This Act may be citebdo oas the Reciprocal Enforcement of Foreign Judgements Atchits. of rt Interpretation 2.–(1) In this Acot ,p aunless the context otherwise requires- “appeal” incldu. d Nes a proceeding by way of discharging or e setting ears svide a judgement or an application for a new trial or at ss rt eay of execution; “cou h ll rni gtry of the original court” means the country in which ia. Athe original court is situated; za n n “judgement” means a judgement or order given or made by f T a a court in a civil proceedings, or a judgement or order t o en given or made by a court in a criminal proceedings, for the rnme payment of a sum of money in respect of compensation ov G or damages to an injured party; 02 5 “judgement creditor” means a person in whose favour the ©2 judgement was given and includes a person in whom the rights under the judgement have become vested by succession, assignment or otherwise; “judgement debtor” means the person against whom the judgement was given, and includes any person against 288 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] whom the judgement is enforceable under the law of the original court; “judgement given in the superior courts” means judgement given in the High Court of Tanzania, and includes . judgement given in a court on appeals against any OAG judgement given; of n “original court” in relation to any judgement, means tihsse io court by which the judgement was given; pe rm “registering court” in relation to a judgement meoau tn s the court to which an application to register the wjui thdgement is made; ute d b “registration” means registration under dPis tarirt II, and the expressions “register” and “registeredd ”o rs hall be construed accordingly. uc e d (2) For the purposes of this Ac ro etp, the expression “action in personam” shall not be deemed e r b to include any matrimonial cause or any proceedings i mn a yconnection with matrimonial matters, administration o bof k the estates of deceased persons, bankruptcy, winding uthpis of companies, lunacy or guardianship of infants. ofrt o p a . Nd PART II rve REGreIsS eTRATION OF FOREIGN JUDGEMENTS ts igh Power to extend 3.–(ll 1rA ) The President, where satisfied that, in the event of the this Part to foreign countries nbiae . nefits conferred by this Part being extended to judgements a giving reciprocaanlz given in the superior courts of a foreign country, substantial treatment T t o f reciprocity of treatment will be assured as respects the enm enforcement in that foreign country of judgements given in ve rn the superior courts may, by order direct that- o 5 G (a) this Part shall extend to that foreign country; and 20 2 © (b) courts of that foreign country as are specified in the order shall be deemed to be superior courts of that country for the purposes of this Part. (2) A judgement of a superior court of a foreign country to which this Part extends, other than a judgement of a court 289 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] given on appeal from a court which is not a superior court, shall be a judgement to which this Part applies, where- (a) it is final and conclusive as between the parties thereto; (b) there is payable thereunder a sum of money, not being . a sum payable in respect of taxes or other charges of a OAG like nature or in respect of a fine or other penalty; and n o f (c) it is given after the coming into operation of the ordisesr io directing that, this Part shall extend to that fo rm preeign country. ut o (3) For the purposes of this section, a judgeme wni tth shall be d deemed to be final and conclusive notwithstanutb de ing that, an appeal may be pending against it, or that it mdisa tryi still be subject to appeal, in the courts of the country of dt ho re original court. e uc Application 4.–(1) A person being a judgement croedditor under a judgement for, and effect p of, registration to which this Part applies, may ap e be pr ly to the High Court at any of foreign time within six years after thme adyate of the judgement or, where judgements there have been proceed k oiongs by way of appeal against the judgement, within six yheisa brs after the date of the last judgement t given in those proceeodf rt ings, to have the judgement registered in the High Court, a oa pnd on an application, the Court shall, subject to proof of the. Nd prescribed matters and to the other provisions of this Act,e rv e s order the judgement to be registered: Provtsi dr eed that, a judgement shall not be registered where at the d riag h l te of the application- l ia. A(a) it has been wholly satisfied; or n za (b) it could not be enforced by execution in the country of an f T the original court. nt o e (2) Subject to the provisions of this Act, with respect to the ern m setting aside of registration- ov G (a) a registered judgement shall, for the purposes of its 5 02 execution, be of the same force and effect; ©2 (b) proceedings may be taken on a registered judgement; (c) the sum for which a judgement is registered shall carry interest; and 290 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] (d) the registering court shall have the same control over the execution of a registered judgement, as if the judgement had been a judgement originally given in the registering court and entered on the date of registration: . Provided that, execution shall not issue on the judgement so OAG long as, under this Part and the rules of court made thereunder, f n o it is competent for any party to make an application to have tihsse io registration of the judgement set aside or, where the applic rm paetion is made, until after the application has been finally deteorum t ined. (3) Where the sum payable under a judgement t w i hh ich is to d be registered is expressed in a currency other thabun te the currency of the United Republic, the judgement shadlil i s trbe registered as if it were a judgement for sum in the cudr or re ncy of the United Republic as, on the basis of the rate odf e u cexchange prevailing at the date of the judgement of the origprioe nal court, is equivalent to the sum payable. r y b e (4) Where at the date of th a me application for registration, the judgement of the originablo ockourt has been partly satisfied, the judgement shall not b i eth r s egistered in respect of the whole sum payable under the jrut od f gement of the original court but only in respect of the ba a ol apnce remaining payable at that date. (5) Wher . N eed, on an application for the registration of a judgemenste, ri vt appears to the registering court that, the judgement e is in ressp rht ect of different matters and that some, but not all, of the prolvl rii gsions of the judgement are that, where those provisions had biae. Aen contained in separate judgements, those judgements could an nz properly have been registered, the judgement may be registered f T a o in respect of the relevant provisions of the judgement but not in nt e respect of any other provisions contained therein. rnme (6) In addition to the sum of money payable under the v G o judgement of the original court, including an interest which by 5 20 2 the law of the country of the original court becomes due under © the judgement up to the time of registration, the judgement shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgement from the original court. 291 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] Power to make 5.–(1) Subject to the provisions of this section, the High Court rules of court may, with the approval of the President, make rules- (a) with respect to the giving of security for costs by persons applying for the registration of judgements; . (b) prescribing the matters to be proved on an application AG O for the registration of a judgement and for regulating n o f the mode of proving those matters; siois (c) for the service on the judgement debtor of notice oefrmp the registration of a judgement; t ou (d) prescribing the period within which an awpithplication d may be made to have the registration ofb tuh tee judgement set aside and with respect to the exten tri dision of the period prescribed; d o r (e) prescribing the method by wdhu ciech a question arising under this Act whether a fporoe reign judgement can be enforced by execution i r bne the country of the original court, or what intermea y st is payable under a foreign judgement under toho k b e law of the original court, is to be determined; an is of thd (f) prescribing rat ny matter which under this Part may be prescribeod p. a (2) Rulese dm . Nade for the purposes of this Part shall be expressed teorvs have, and shall have, effect subject to any provisions e contaihntse rd in orders made by the President under section 3 as are lld rie gclared by the said orders to be necessary for giving effect t A iao. agreements made between the United Republic and foreign an nz countries in relation to matters with respect to which there is f T a o power to make rules of court for the purposes of this Part. nt Casrensm e in which e 6.–(1) On an application in that behalf by a party against whom orevgistered G judgements shall, a registered judgement may be enforced, the registration of the 5 02 or may be set judgement- ©2 aside (a) shall be set aside where the registering court is satisfied that- (i) the judgement is not a judgement to which this Part applies or was registered in contravention of the provisions of this Act; 292 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] (ii) the courts of the country of the original court had no jurisdiction in the circumstances of the case; (iii) the judgement debtor, being the defendant in the proceedings in the original court, did not, . notwithstanding that process may have been duly AG O served on him in accordance with the law of the n o f country of the original court, receive notice isosf io those proceedings in sufficient time to enablpee rhmim to defend the proceedings and did not appoue t ar; (iv) the judgement was obtained by fraud; th d w i (v) the enforcement of the judgembeun tet would be contrary to public policy in thdies t ricountry of the registering court; or d o r (vi) the rights under the judgdeu cme ent are not vested in the person by whom theep raopplication for registration was made; e r b (b) may be set aside whe rme a ythe registering court is satisfied that, the matter in okbo dispute in the proceedings in the original court hias t d, prior to the date of the judgement in the origi f rnt oal court, been the subject of a final and conclusivoe p ajudgement by a court having jurisdiction in the m . N eadtter. (2) Forse rt vhe purposes of this section, the courts of the e countrys rht of the original court shall, subject to the provisions of sublsl rei gction (3), be deemed to have had jurisdiction- . Aia (a) in the case of a judgement given in an action in an nz personam where- Ta of (i) the judgement debtor, being a defendant in the en t original court, submitted to the jurisdiction of that ern m court by voluntarily appearing in the proceedings Gov otherwise than for the purpose of protecting, 25 20 or obtaining the release of property seized or © threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; (ii) the judgement debtor was plaintiff or counter- claimed in the proceedings in the original court; 293 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] (iii) the judgement debtor, being a defendant in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the . jurisdiction of that court or of the courts of the AG O country of that court; of n (iv) the judgement debtor, being a defendant isisn io the original court, was at the time whepne rmthe proceedings were instituted resident, or obu te ing a body corporate, had its principal place ofit h w business, d in the country of that court; or uteb (v) the judgement debtor, being ad isd trei fendant in the original court, had an office od ro rp lace of business in the country of that courtd ua cne d the proceedings in that court were in respeepc rot of a transaction effected through or at that o bffie rce or place; (b) in the case of a judgemmay ent given in an action of which the subject mattero ob wk as immovable property or in an action in rem otfh isw hich the subject matter was movable property, wrht oe fre the property in question was at the time of th a o ep proceedings in the original court situate in the codu. e nNtry of that court; (c) in stehr ve case of a judgement given in an action other tst e h hr an any action as is mentioned in paragraph (a) or rigll paragraph (b), where the jurisdiction of the original A ia. court is recognised by the law of the registering court. an nz (3) Notwithstanding anything in subsection (2), the courts f T a o of the country of the original court shall not be deemed to have t en had jurisdiction- ern m (a) where the subject matter of the proceedings was v G o immovable property outside the country of the original 5 20 2 court; © (b) except in the cases mentioned in subparagraphs (i), (ii) and (iii) of paragraph (a) and (c) of subsection (2), where the institution of the proceedings in the original court was contrary to an agreement under which the 294 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] dispute in question was to be settled otherwise than by proceedings in the courts of the country of that court; or (c) where the judgement debtor, being a defendant in the . original proceedings, was a person who under the rules AG O of public international law was entitled to immunity n o f from the jurisdiction of the courts of the country of tihsse io original court and did not submit to the jurisdictpioe rnm of that court. t tho u w i Powers of 7.–(1) Where, on an application to set aside thte dregistration registering court u of judgement, the applicant satisfies the rsetr i on application i gbistering court to set aside either that, an appeal is pending, or tha otr dhe is entitled and registration intends to appeal, against the judgemuenedc t, the court, where it thinks fit, may, on terms as it may d ptrho ink just, either set aside the registration or adjourn the e be arpplication to set aside the registration until after the expaiyr m ation of a period as appears to the court to be reasonablyo os ku fficient to enable the applicant to take the necessary stephsis tbo have the appeal disposed of by the t competent tribunal. of rt (2) Where thoe pr aegistration of judgement is set aside under subsection (1) N d,. or solely for the reason, that the judgement was not at the dearv e s te of the application for registration enforceable by executios rt ne in the country of the original court, the setting aside of th h l rieg registration shall not prejudice a further application to l riae. g Aister the judgement when the appeal has been disposed of or za nif and when the judgement becomes enforceable by execution n of Ta in that country. nt e (3) Where the registration of a judgement is set aside solely m ern for the reason that the judgement, notwithstanding that, it ov G had at the date of the application for registration been partly 250 satisfied, was registered for the whole sum payable thereunder, ©2 the registering court shall, on the application of the judgement creditor, order judgement to be registered for the balance remaining payable at that date. 295 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] Foreign 8. Proceedings for the recovery of a sum payable under a foreign judgements which can be judgement, being a judgement to which this Part applies, other registered not to than proceedings by way of registration of the judgement, shall be enforceable otherwise not be entertained by any court in Mainland Tanzania. . AG Omitted 9. [Omitted.] of O R.L. n Cap. 356 iss io PART III pe rm MISCELLANEOUS AND GENERAL PROVIS u hoIOt NS wit d General effect of 10.–(1) Subject to the provisions of this sectionu,t ea judgement certain foreign b judgements to which Part II applies or would have app i dlisi terd where a sum of money had been payable thereunder ,o r d whether it can be registered or not, and whether, wherecedu it can be registered, it is registered or not, shall be reepc roognised in any court in Mainland Tanzania as conclusive r b between the parties thereto in proceedings founded on m atyhe same cause of action and may be relied on by wayb oo okf defence or counter-claim in any proceedings. thi s (2) This section srht o af ll not apply in the case of any judgement- (a) where thoe p a judgement has been registered and the registera. tNd ion thereof has been set aside on some ground othserr v than that- s( ir e ht ) a sum of money was not payable under the l ri g l judgement; A ia. (ii) the judgement had been wholly or partly satisfied; or n nz a (iii) at the date of the application, the judgement could f T a o not be enforced by execution in the country of the nt e original court; rnme (b) where the judgement has not been registered, it is v G o shown, whether it could have been registered or not 25 20 that, where it had been registered, the registration © thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a). (3) [Omitted.] 296 THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023] Power to 11.–(1) Where it appears to the President that, the treatment make foreign judgements in respect of recognition and enforcement accorded by the unenforceable in courts of any foreign country to judgements given in the Tanzania if no reciprocity superior courts of Mainland Tanzania is substantially less . favourable than that accorded by the courts of Mainland OAG Tanzania to judgements of the superior courts of that country, of n the President may, by rules, apply this section to that countrisys. io (2) Except as the President may by order under this se rm pcetion otherwise direct, proceedings shall not be enterta t oiuned in any court in Mainland Tanzania for the recovery ofit w hany sum d alleged to be payable under a judgement givenb uin te a court of a country to which this section applies. ri di st or Issue of 12. Where a judgement under which d uc e a sum of money is certificates of judgements payable, not being a sum payable ipnro r despect of taxes or other e obtained in charges of a like nature or in res r Mainland bpeect of a fine or other penalty, Tanzania has been entered in the Higmha yC ourt against any person and the judgement creditor is d ooe ksirous of enforcing the judgement in a country to whichh iPs bart II applies, the court shall, on an t application made bryt o ft he judgement creditor and on payment of a fee as may b a Noe p prescribed, issue to the judgement creditor a certified codp. y of the judgement together with a certificate containing prvese articulars with respect to the action, including the causes tos fr e action, and the rate of interest, if any, payable on the suml r ipg hayable under the judgement, as may be prescribed: l ia. AProvided that, where execution of a judgement is stayed n za for any period pending an appeal or for any other reason, an n f T a application shall not be made under this section with respect o en t to the judgement until the expiry of that period. rnm ov e 5 G2 ©20 297 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20