CHAPTER 8
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 must, 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.

CHAPTER 8
THE RECIPROCAL ENFORCEMENT OF FOREIGN JUDGEMENTS ACT

An Act to make provision 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]

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Reciprocal Enforcement of Foreign Judgements Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "appeal" includes any 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 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;

   "judgement creditor" means the person in whose favour the judgement was given and includes any person in whom the rights under the judgement have become vested by succession or assignment or otherwise;

   "judgement debtor" means the person against whom the judgement was given, and includes any person against 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 any court on appeals against any judgement so given;

   "original court" in relation to any judgement means the court by which the judgement was given;

   "registering court" in relation to any 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.

PART II
REGISTRATION OF FOREIGN JUDGEMENTS (ss 3-9)

3.   Power to extend this Part to foreign countries giving reciprocal treatment

   (1) The President, if he is satisfied that, in the event of the benefits conferred by this Part being extended to judgements given in the superior courts of any 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–

   (a)   that this Part shall extend to that foreign country; and

   (b)   that such 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.

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