THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS ACT

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.287
CHAPTER 8
THE RECIPROCAL ENFORCEMENT
OF FOREIGN JUDGEMENTS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
REGISTRATION OF FOREIGN JUDGEMENTS
3. Power to extend this Part to foreign countries giving reciprocal treatment.
4. Application for, and effect of, registration of foreign judgements.
5. Power to make rules of court.
6. Cases in which registered judgements shall, or may be set aside.
7. Powers of registering court on application to set aside registration.
8. Foreign judgements which can be registered not to be enforceable otherwise.
9. Omitted.
part iii
MISCELLANEOUS AND GENERAL PROVISIONS
10. General effect of certain foreign judgements.
11. Power to make foreign judgements unenforceable in Tanzania if no reciprocity.
12. Issue of certificates of judgements obtained in Mainland Tanzania.

. Power to make foreign judgements unenforceable in Tanzania if no reciprocity.
12. Issue of certificates of judgements obtained in Mainland Tanzania.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.288
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Reciprocal Enforcement of
Foreign Judgements Act.

tributed without permission of OAG.288
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Reciprocal Enforcement of
Foreign Judgements Act.

2.–(1) In this Act, unless the context otherwise requires-
“appeal” includes a proceeding by way of discharging or
setting aside a judgement or an application for a new trial
or a stay of execution;
“country of the original court” means the country in which
the original court is situated;
“judgement” means a judgement or order given or made by
a court in a civil proceedings, or a judgement or order
given or made by a court in a criminal proceedings, for the
payment of a sum of money in respect of compensation
or damages to an injured party;
“judgement creditor” means a person in whose favour the
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
Short title
Interpretation
CHAPTER 8
THE RECIPROCAL ENFORCEMENT OF FOREIGN
JUDGEMENTS ACT
An Act to make provisions for the reciprocal enforcement of judgements as
between Mainland Tanzania and foreign countries and for other related
matters. [5th July, 1935]
Ord. No. 12 of 1935
R.L. Cap. 8

ement of judgements as
between Mainland Tanzania and foreign countries and for other related
matters. [5th July, 1935]
Ord. No. 12 of 1935
R.L. Cap. 8

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.289
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
judgement given;
“original court” in relation to any judgement, means the
court by which the judgement was given;
“registering court” in relation to a judgement means the
court to which an application to register the judgement
is made;
“registration” means registration under Part II, and the
expressions “register” and “registered” shall be construed
accordingly. (2) For the purposes of this Act, the expression “action in
personam” shall not be deemed to include any matrimonial
cause or any proceedings in connection with matrimonial
matters, administration of the estates of deceased persons,
bankruptcy, winding up of companies, lunacy or guardianship
of infants.

n with matrimonial
matters, administration of the estates of deceased persons,
bankruptcy, winding up of companies, lunacy or guardianship
of infants.

PART II
REGISTRATION OF FOREIGN JUDGEMENTS
3.–(1) The President, where satisfied that, in the event of the
benefits conferred by this Part being extended to judgements
given in the superior courts of a foreign country, substantial
reciprocity of treatment will be assured as respects the
enforcement in that foreign country of judgements given in
the superior courts may, by order direct that-
(a) this Part shall extend to that foreign country; and
(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
Power to extend
this Part to
foreign countries
giving reciprocal
treatment

reign country
to which this Part extends, other than a judgement of a court
Power to extend
this Part to
foreign countries
giving reciprocal
treatment

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.290
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
like nature or in respect of a fine or other penalty; and
(c) it is given after the coming into operation of the order
directing that, this Part shall extend to that foreign
country. (3) For the purposes of this section, 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.

withstanding 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.

4.–(1) A person being a judgement creditor under a judgement
to which this Part applies, may apply to the High Court at any
time within six years after the date of the judgement or, where
there have been proceedings by way of appeal against the
judgement, within six years after the date of the last judgement
given in those proceedings, to have the judgement registered in
the High Court, and on an application, the Court shall, subject
to proof of the prescribed matters and to the other provisions
of this Act, order the judgement to be registered:
Provided that, a judgement shall not be registered where at
the date of the application-
(a) it has been wholly satisfied; or
(b) it could not be enforced by execution in the country of
the original court. (2) Subject to the provisions of this Act, with respect to the
setting aside of registration-
(a) a registered judgement shall, for the purposes of its
execution, be of the same force and effect;
(b) proceedings may be taken on a registered judgement;
(c) the sum for which a judgement is registered shall carry
interest; and
Application
for, and effect
of, registration
of foreign
judgements

udgement;
(c) the sum for which a judgement is registered shall carry
interest; and
Application
for, and effect
of, registration
of foreign
judgements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.291
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
long as, under this Part and the rules of court made thereunder,
it is competent for any party to make an application to have the
registration of the judgement set aside or, where the application
is made, until after the application has been finally determined. (3) Where the sum payable under a judgement which is to
be registered is expressed in a currency other than the currency
of the United Republic, the judgement shall be registered as
if it were a judgement for sum in the currency of the United
Republic as, on the basis of the rate of exchange prevailing at
the date of the judgement of the original court, is equivalent to
the sum payable.

ted
Republic as, on the basis of the rate of exchange prevailing at
the date of the judgement of the original court, is equivalent to
the sum payable.

(4) Where at the date of the application for registration, the
judgement of the original court has been partly satisfied, the
judgement shall not be registered in respect of the whole sum
payable under the judgement of the original court but only in
respect of the balance remaining payable at that date. (5) Where, on an application for the registration of a
judgement, it appears to the registering court that, the judgement
is in respect of different matters and that some, but not all, of the
provisions of the judgement are that, where those provisions had
been contained in separate judgements, those judgements could
properly have been registered, the judgement may be registered
in respect of the relevant provisions of the judgement but not in
respect of any other provisions contained therein.

, the judgement may be registered
in respect of the relevant provisions of the judgement but not in
respect of any other provisions contained therein.

(6) In addition to the sum of money payable under the
judgement of the original court, including an interest which by
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.

or the reasonable costs of and incidental to
registration, including the costs of obtaining a certified copy of
the judgement from the original court.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.292
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023]
5.–(1) Subject to the provisions of this section, the High 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
for the registration of a judgement and for regulating
the mode of proving those matters;
(c) for the service on the judgement debtor of notice of the
registration of a judgement;
(d) prescribing the period within which an application
may be made to have the registration of the judgement
set aside and with respect to the extension of the period
prescribed;
(e) prescribing the method by which a question arising
under this Act whether a foreign judgement can be
enforced by execution in the country of the original
court, or what interest is payable under a foreign
judgement under the law of the original court, is to be
determined; and
(f) prescribing any matter which under this Part may be
prescribed.

a foreign
judgement under the law of the original court, is to be
determined; and
(f) prescribing any matter which under this Part may be
prescribed.

(2) Rules made for the purposes of this Part shall be
expressed to have, and shall have, effect subject to any provisions
contained in orders made by the President under section 3 as
are declared by the said orders to be necessary for giving effect
to agreements made between the United Republic and foreign
countries in relation to matters with respect to which there is
power to make rules of court for the purposes of this Part. 6.–(1) On an application in that behalf by a party against whom
a registered judgement may be enforced, the registration of the
judgement-
(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;
Power to make
rules of court
Cases in which
registered
judgements shall,
or may be set
aside

egistered in contravention of
the provisions of this Act;
Power to make
rules of court
Cases in which
registered
judgements shall,
or may be set
aside

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.293
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E.

ved. No part of this book may be reproduced or distributed without permission of OAG.293
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
served on him in accordance with the law of the
country of the original court, receive notice of
those proceedings in sufficient time to enable him
to defend the proceedings and did not appear;
(iv) the judgement was obtained by fraud;
(v) the enforcement of the judgement would be
contrary to public policy in the country of the
registering court; or
(vi) the rights under the judgement are not vested in
the person by whom the application for registration
was made;
(b) may be set aside where the registering court is satisfied
that, the matter in dispute in the proceedings in the
original court had, prior to the date of the judgement
in the original court, been the subject of a final and
conclusive judgement by a court having jurisdiction in
the matter.

to the date of the judgement
in the original court, been the subject of a final and
conclusive judgement by a court having jurisdiction in
the matter.

(2) For the purposes of this section, the courts of the
country of the original court shall, subject to the provisions of
subsection (3), be deemed to have had jurisdiction-
(a) in the case of a judgement given in an action in
personam where-
(i) the judgement debtor, being a defendant in the
original court, submitted to the jurisdiction of that
court by voluntarily appearing in the proceedings
otherwise than for the purpose of protecting,
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;

or of
contesting the jurisdiction of that court;
(ii) the judgement debtor was plaintiff or counter-
claimed in the proceedings in the original court;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.294
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E.

ved. No part of this book may be reproduced or distributed without permission of OAG.294
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
country of that court;
(iv) the judgement debtor, being a defendant in
the original court, was at the time when the
proceedings were instituted resident, or being a
body corporate, had its principal place of business,
in the country of that court; or
(v) the judgement debtor, being a defendant in the
original court, had an office or place of business in
the country of that court and the proceedings in
that court were in respect of a transaction effected
through or at that office or place;
(b) in the case of a judgement given in an action of which
the subject matter was immovable property or in an
action in rem of which the subject matter was movable
property, where the property in question was at the
time of the proceedings in the original court situate in
the country of that court;
(c) in the case of a judgement given in an action other
than any action as is mentioned in paragraph (a) or
paragraph (b), where the jurisdiction of the original
court is recognised by the law of the registering court.

ion as is mentioned in paragraph (a) or
paragraph (b), where the jurisdiction of the original
court is recognised by the law of the registering court.

(3) Notwithstanding anything in subsection (2), the courts
of the country of the original court shall not be deemed to have
had jurisdiction-
(a) where the subject matter of the proceedings was
immovable property outside the country of the original
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

f 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

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.295
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
of public international law was entitled to immunity
from the jurisdiction of the courts of the country of the
original court and did not submit to the jurisdiction of
that court. 7.–(1) Where, on an application to set aside the registration
of judgement, the applicant satisfies the registering court
either that, an appeal is pending, or that he is entitled and
intends to appeal, against the judgement, the court, where it
thinks fit, may, on terms as it may think just, either set aside
the registration or adjourn the application to set aside the
registration until after the expiration of a period as appears to
the court to be reasonably sufficient to enable the applicant to
take the necessary steps to have the appeal disposed of by the
competent tribunal.

to
the court to be reasonably sufficient to enable the applicant to
take the necessary steps to have the appeal disposed of by the
competent tribunal.

(2) Where the registration of judgement is set aside under
subsection (1), or solely for the reason, that the judgement was
not at the date of the application for registration enforceable by
execution in the country of the original court, the setting aside
of the registration shall not prejudice a further application to
register the judgement when the appeal has been disposed of or
if and when the judgement becomes enforceable by execution
in that country. (3) Where the registration of a judgement is set aside solely
for the reason that the judgement, notwithstanding that, it
had at the date of the application for registration been partly
satisfied, was registered for the whole sum payable thereunder,
the registering court shall, on the application of the judgement
creditor, order judgement to be registered for the balance
remaining payable at that date. Powers of
registering court
on application
to set aside
registration

order judgement to be registered for the balance
remaining payable at that date. Powers of
registering court
on application
to set aside
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.296
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023]
8. Proceedings for the recovery of a sum payable under a foreign
judgement, being a judgement to which this Part applies, other
than proceedings by way of registration of the judgement, shall
not be entertained by any court in Mainland Tanzania. 9. [Omitted.]
PART III
MISCELLANEOUS AND GENERAL PROVISIONS
10.–(1) Subject to the provisions of this section, a judgement
to which Part II applies or would have applied where a sum
of money had been payable thereunder, whether it can be
registered or not, and whether, where it can be registered,
it is registered or not, shall be recognised in any court in
Mainland Tanzania as conclusive between the parties thereto
in proceedings founded on the same cause of action and
may be relied on by way of defence or counter-claim in any
proceedings.

een the parties thereto
in proceedings founded on the same cause of action and
may be relied on by way of defence or counter-claim in any
proceedings.

(2) This section shall not apply in the case of any judgement-
(a) where the judgement has been registered and the
registration thereof has been set aside on some ground
other than that-
(i) a sum of money was not payable under the
judgement;
(ii) the judgement had been wholly or partly satisfied; or
(iii) at the date of the application, the judgement could
not be enforced by execution in the country of the
original court;
(b) where the judgement has not been registered, it is
shown, whether it could have been registered or not
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.]
Foreign
judgements
which can be
registered not to
be enforceable
otherwise
Omitted
R.L. Cap. 356
General effect of
certain foreign
judgements

mitted.]
Foreign
judgements
which can be
registered not to
be enforceable
otherwise
Omitted
R.L. Cap. 356
General effect of
certain foreign
judgements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.297
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS [CAP. 8 R.E. 2023]
11.–(1) Where it appears to the President that, the treatment
in respect of recognition and enforcement accorded by the
courts of any foreign country to judgements given in the
superior courts of Mainland Tanzania is substantially less
favourable than that accorded by the courts of Mainland
Tanzania to judgements of the superior courts of that country,
the President may, by rules, apply this section to that country. (2) Except as the President may by order under this section
otherwise direct, proceedings shall not be entertained in
any court in Mainland Tanzania for the recovery of any sum
alleged to be payable under a judgement given in a court of a
country to which this section applies. 12.

Mainland Tanzania for the recovery of any sum
alleged to be payable under a judgement given in a court of a
country to which this section applies. 12.

Where a judgement under which a sum of money is
payable, 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,
has been entered in the High Court against any person and
the judgement creditor is desirous of enforcing the judgement
in a country to which Part II applies, the court shall, on an
application made by the judgement creditor and on payment
of a fee as may be prescribed, issue to the judgement creditor
a certified copy of the judgement together with a certificate
containing particulars with respect to the action, including the
causes of action, and the rate of interest, if any, payable on the
sum payable under the judgement, as may be prescribed:
Provided that, where execution of a judgement is stayed
for any period pending an appeal or for any other reason, an
application shall not be made under this section with respect
to the judgement until the expiry of that period. Power to
make foreign
judgements
unenforceable in
Tanzania if no
reciprocity
Issue of
certificates of
judgements
obtained in
Mainland
Tanzania

period. Power to
make foreign
judgements
unenforceable in
Tanzania if no
reciprocity
Issue of
certificates of
judgements
obtained in
Mainland
Tanzania

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.