Tanzania follows the English common law legal system. Laws have established a good mechanism for Recognition and Enforcement of Foreign Judgments and Awards relating civil and commercial matters. Any judgement of a superior court of a foreign countries giving reciprocal treatment or order given or made by a court in any civil proceedings, or a judgement 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 are enforceable in Tanzania.

There are two ways of enforcing foreign Judgments.

i. Direct Judgement enforcement: this is where there is reciprocal arrangement between the country of origin in which the original court is situated and Tanzania for mutual recognition and enforcement of their judgment. The President of Tanzania should, by Order, have' included that country in the list of those countries whose judgements from superior courts would be recognized and enforced in Tanzania. (S. 3 of the Reciprocal Enforcement of Foreign Judgements Act, Cap. 8)

ii. Instituting a fresh suit in the competent court in Tanzania: Instituting a fresh case in Tanzania foreign judgment creditor instituting a fresh suit in the competent court in Tanzania attaching the foreign judgment in his suit and thereby bringing it to the attention of the Tanzanian court that there exists an obligation by the Defendant as expressed in the attached foreign judgment which obligation remains unfulfilled and thus the plaintiff is suing the defendant on the basis of his failure to fulfil his obligations under the foreign judgment. (Afriglobal Commodities D.M.C. Vs. Nesch Mintech Tanzania Limited, Commercial Case No. 112 of 2023.

Pre-Requisite for Enforcement of Foreign Judgment

Three conditions must be meet before applying for enforcement of foreign judgment in Tanzania.

a) The judgement pronounced by a Court of competent authority must be final and conclusive as between the parties thereto. It must be obtained by following the prescribed rules and procedure hence not obtained by fraud. A judgement shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.

b) there is payable thereunder 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; and

c) it is given after the coming into operation of the order of the president directing that country in the list of those countries whose judgements from superior courts would be recognized and enforced in Tanzania extend to that foreign country

Procedural Mechanisms for Enforcement of Foreign Judgment

i. for direct judgment enforcement, judgment creditor should file an application in the High Court of Tanzania which is the acceptable court competent to determine and entertain cases relating to enforcement of foreign judgment in the country. However, before filing an application for enforcement of judgment, the creditor needs to take into consideration the following crucial issues: -

a) whether the judgment is final and conclusive as between the parties thereto;

b) whether the judgement is within six years from the date of the pronouncement of the judgment;

c) the competence of the original court pronouncing a foreign judgment and

d) whether there is payable thereunder 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

ii. for enforcement through instituting a fresh suit in the competent court in Tanzania- the creditor must institute a fresh suit in the High court attaching the foreign judgment in his suit and thereby bringing it to the attention of the Tanzanian court that there exists an obligation by the Defendant as expressed in the attached foreign judgment which obligation remains unfulfilled and thus the plaintiff is suing the defendant on the basis of his failure to fulfil his obligations under the foreign judgment.

As in direct judgment enforcement, the creditor (plaintiff) will need to prove the following things in his plaint.

a) whether the judgment is final and conclusive as between the parties thereto;

b) whether the judgement is within six years from the date of the pronouncement of the judgment;

c) the competence of the original court pronouncing a foreign judgment;

d) whether there is payable thereunder 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

NOTE: Where a decree has been obtained or entered up in the High Court of Kenya, the High Court of Uganda, the High Court of Malawi or in the High Court of Zanzibar or in any court subordinate to any of those courts from Kenya, Uganda, Malawi or Zanzibar are by law not considered foreign. They are extended into Tanzania by the Extension of Judgments Act.

ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN TANZANIA

foreign award refers to an award where the juridical seat of arbitration is in a territory or state other than the United Republic of Tanzania. This arbitral award is recognised as binding and enforceable upon application in writing to the High court. In order for a foreign arbitral award to be enforceable in Tanzania, it should

a) It has been made pursuant to an arbitration agreement that was valid under the law by which it was governed;

b) it has been made by the tribunal provided for in the agreement or constituted in the manner agreed upon by the parties;

c) it has been made in conformity with the law governing the arbitration procedure;

d) it has become final in the country in which it was made; and

e) it has been made in respect of a matter that may lawfully be referred to arbitration under the law of Tanzania and its enforcement is not contrary to the public policy of or the law of Tanzania.

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