1.

0 Introduction

There is no dispute that the in business or any kinds of interaction among persons can results to
misunderstanding among themselves. Thus under foreign element this brought about foreign
litigation particularly the conflict of laws and at the end it brought a foreign judgment.1

1.1 The definition of foreign judgment

A foreign judgment is a judgment rendered by a court of a state or country different from that
where the judgment or its effect is at issue.2 In other words, a foreign judgment is a judgment
that has been pronounced by a foreign court of competent jurisdiction.3 In the above definitions
we can say that a foreign judgment is a judgment with foreign element which is enforced by
another court differ from that gives a decision, and it operate outside it jurisdiction.

2.0 The main body

2.1The Concept of Recognition of foreign judgment

The issue of enforcement of foreign judgment it goes together with the issue of recognition of
judgment. This means that the court cannot enforce judgment of another jurisdiction if it cannot
recognize it as a judgment.4 Therefore there are several element which can be used to determine
if the court can recognize a certain judgment to be enforced,5 this mean that not all foreign
judgment can be enforced in the expected country, these elements are;

2.1.2 Jurisdiction of the court. The jurisdiction of the court is very important to determine
before recognize the foreign judgment. In this the court will look whether the foreign
court had a jurisdiction to determine the matter.6 This is provided under S.6(1)(a)(ii)7
whereby the court will not register the judgment if the original court found to lack of
jurisdiction. As stated in the case of Buchanan v Rucker8 it was stated that “…a court

1
Morris,J(2009) Conflict of Laws 7th Thomson Reuters (Legal) Ltd Publisher, London UK
2
Garner, B.A. (2004). Black’s Law Dictionary, 8th Ed. New York: West Publishing Company.
3
Piggott, F, T. (1879). Foreign Judgments: Their Effect in the English Courts, Vol.1.Oxford: Stevens and Sons.
4
Supra note 1( Morris, J)
5
Noronha F.E. (2010) Private International Law in India; Adequacy of principles in comparison with common law
and civil law system. Universal Law Publishing Co PVT Ltd.
6
Supra (Morris J)
7
The Reciprocal Enforcement of Foreign Judgments Act, [Cap 8 R.E 2010]
8
(1809) 9 East 192
 asked to recognize and enforce a foreign judgment has to have some criteria for
determining whether the assumption of jurisdiction was proper…”
2.1.3 Public policy. In order to recognize a certain judgment to be enforced the issue of public
policy is of very important. The judgment must be with conformity with public policy. As
provided under Brussels Convention it gives emphasis that the court which asked to
enforce the foreign judgment must not recognize the judgment contrary to public policy. 9
In the case of Phrantzes v Agenti10 Lord Parker CJ refused to enforce a claim by a Greek
daughter against his father for provision of a dowry on her marriage as required by Greek
law.
2.1.4 contrary to natural justice The foreign judgment must be in conformity with the
principle of natural justice.11 As it shown in the case of Adams v Cape industry12 it was
held that the concept of procedural natural justice was not limited to cases in which the
defendant receives no notice or given no adequate opportunity to make a defense.
2.1.5 The judgment must be final and conclusive. In order to enforce a judgment the judgment
must be final and conclusive. As provided under S.3 (2) (a), S 3(3)13 it also held in the
case of Mohamed Enterprises (T) Ltd v. Freudenberg &Sea Saigon Shipping Ltd14. In this
case the High court of Tanzania refused to enforce a foreign judgment as it satisfy itself
that the judgment was still on appeal.
2.1.6 The issue of fraud. If the judgment is obtained by fraud then the court will deny it
enforcement. This is provided under s. 6(1) (iv) that if the judgment is obtained by fraud
that could not be neither registered nor enforced.
2.2 procedure for recognition of foreign judgment in Tanzania
In Tanzania the enforcement of foreign judgment is an issue to do with the procedural
matter where by both civil procedure code and Reciprocal Enforcement of foreign judgment
is governing the process. After the registration and recognition of foreign judgment the
following is enforcement where it provided under s.415 this section provides for the

9
See section 6(1)(a)(v) [Cap 8 RE 2010], Article 27(1) of Brussels Convention of 1968.
10
[1960] 2 QB 19
11
Morris,J(2009) Conflict of Laws 7th Thomson Reuters (Legal) Ltd Publisher, London UK
12
[1990]Ch 433
13
[cap 8 RE 2010]
14
Civil case No 37 of 2004 High court of Tanzania, commercial division at DSM(Unreported)
15
[cap 8 RE 2010]
 application for and effect of registration, whereby the judgment creditor has an obligation to
institute a new claim by way of an action for debt in order to enforce his judgment.16
Then next the burden will lie on judgment debtor to show if no obligation has on the said
judgment. As stated in the case of Willow Investment Vs. Mbomba Ntumba And Another17 in
this case Mapigano J held that A judgment creditor who sought to enforce a foreign
judgment at common law could not do so by direct execution of the judgment: enforcement
had to be sought by bringing an action on the debt. The proceedings instituted in the
present matter were bad as they did not comply with this requirement.
The application is done by ex-parte to the high court judge within six years.18 The
judgment creditor is required to file application at any time within six years.
As the matter of practice any application in form of civil litigation when instituted in the
high court is filed by way of chamber summons in support by affidavit. A certified copy of
the Judgment issued by the original court and authenticated by its seal and a translation of
the judgment certified by a notary public or authenticated by affidavit.

Application done on behalf of someone. Section 6(1)19 provides that; on application in that
behalf by any party against whom a registered judgment may be enforced, the registration
of the judgment shall be set aside if the registering court is satisfied.20 The registered
judgment may be set aside if the registering court is satisfied that the matter in dispute in the
proceedings in the original court had prior to the date of the judgment in the original court,
been the subject of a final and conclusive judgment by a court having jurisdiction in the
matter.21
3.0 Conclusions. The enforcement and recognition of foreign judgment it enable the parties
to restore their vested right, however this process is sometimes faced with the challenges
due to the procedural conflict and technicalities. The issue of jurisdiction and choice of law
is still a challenge to few cases whereby the parties to dispute does not submit themselves to
a particular forum.

16
ibid
17
[1996] TLR 377
18
Section 4 (1)
19
Cap 8 of R. E. 2002
20
ibid
21
Section 6 of cap 8 R.E 2002
REFERENCE

Statutes

The Civil Procedure Code Cap 33 RE 2002

The Reciprocal Enforcement of Foreign Judgment Act Cap 8 RE 2010

Books & journals

Garner, B.A. (2004). Black’s Law Dictionary, 8th Ed. New York: West Publishing Company.

Morris,J(2009) Conflict of Laws 7th Thomson Reuters (Legal) Ltd Publisher, London UK

Noronha F.E. (2010) Private International Law in India; Adequacy of principles in comparison
with common law

Piggott, F, T. (1879). Foreign Judgments: Their Effect in the English Courts, Vol.1.Oxford:
Stevens and Sons.
 THE UNIVERSITY OF DODOMA

COLLEGE OF BUSINESS STUDIES AND LAW

SCHOOL OF LAW

DEPARTMENT OF PRIVATE LAW

COURSE NAME: PRIVATE INTERNATIONAL LAW

COURSE CODE: LW 412

COURSE INSTRUCTOR: MADAM. DANDA

NATURE OF WORK: INDIVIDUAL ASSIGNMENT

SUBMISSION DATE: 11th Dec, 2018

S/N NAME REG. NO. DEGREE SIGNATURE

PROGRAM
01 CHACHA MAHERI T/UDOM/2015/05200 LLB

Question; what are the procedures for recognition and enforcement of foreign judgment in
Tanzania.