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Background, Statement of Problem & Objectives

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4 views

Background, Statement of Problem & Objectives

Uploaded by

ralphtitus01
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Background of the research

A foreign judgment refers to a decision or ruling made by a court of one country that is sought to
be recognized and enforced in another country. 1 In American legal terminology, a ‘foreign’
judgment means a judgment from another state in the United States or from a foreign country. To
differentiate between the two, more precise terminology used is ‘foreign-country judgment’ (for
judgments from another country) and ‘foreign sister-state judgment’ (from a different state
within the United States). In common law country foreign judgment means that judgment which
is other than domestic country. For instance, Kenya or Uganda or Rwanda judgment is foreign
judgment to Tanzania. Foreign judgment provisions are dealt in each country Civil Procedure
Code including Tanzania2.

This concept is closely tied to private international law, which governs legal relationships
between individuals or entities in different jurisdictions. Private international law determines
which country’s courts have jurisdiction over a dispute, what law applies, and whether a foreign
judgment should be recognized and enforced by the courts of another jurisdiction. This is
particularly important in international trade, business contracts, family law matters, and disputes
involving foreign nationals. In an increasingly globalized world, the movement of people, goods,
and capital across borders has led to a rise in cross-border legal disputes. As a result, the
recognition and enforcement of foreign judgments have become critical in ensuring that judicial
decisions made in one country are respected and executed in another.

Generally, the judgments of one State's courts have no force by themselves in another State. This
is often unsatisfactory because of Sovereignty of each State. Parties are interested in
transnational legal certainty and in avoiding repeated litigation and conflicting decisions. The
general public has an interest in avoiding resources spent on re-litigation and in international
decisional harmonies. States have a common interest in promoting inter-State transactions.
However, States have valid reasons to deny foreign judgment the same force they grant their
own judgments since the foreign procedure may be viewed as deficient, or the outcome of the
foreign litigation may be viewed as objectionable3.

1 Hornby, alberty sydney. (1995). Oxford advanced learners dictionary of current english

2 Section 11&12, [Cap. 33, R. E. 2002].

3 http://www.academia.edu/7014902/Enforcement_of_Foreign_Judgments_in_Nigeria
Statement of the problem.

Despite Tanzania’s legal system for the recognition and enforcement of foreign judgments, there
are significant challenges in practice that hinder their effective implementation. The increasing
volume of cross-border disputes, particularly in business and family law, has exposed gaps in
Tanzania’s legal framework, including inconsistent of procedures when the country has made
provisions for foreign judgments, these procedures are often not standardized, leading to
uncertainty for both domestic and international litigants. For instance, there is no clear and
uniform guideline for the processes to follow when requesting the recognition and enforcement
of a foreign judgment. Courts may adopt varying approaches, making it difficult for parties to
predict the outcomes of their enforcement efforts.4

Lack of uniformity in the application of international agreements, since Tanzania has entered
into various International agreements in order to facilitate the recognition and enforcement of
foreign judgements, This may cause lack of uniformity in applying international conventions
which can result in unpredictable outcomes for parties seeking enforcement. The absence of
clear and consistent judicial interpretation of these agreements creates a barrier to smooth
international legal cooperation and undermines the reliability of Tanzania as a jurisdiction for
international disputes.5

Lack of specialized knowledge and training among Tanzanian courts to handle complex issues
arising from foreign judgments. Deficiency in expertise becomes a major problem when dealing
with difficult issues like foreign arbitration awards, cross-border disputes, or complex business
transactions. Many judges may not be well-versed in the nuances of international agreements or
how to appropriately recognize and enforce judgments from other jurisdictions. As a result,
foreign judgments could be poorly evaluated or misunderstood, leading to delays or erroneous
decisions that undermine the credibility of Tanzania’s legal framework. 6 These challenges create
uncertainty and inconsistency in the enforcement of foreign judgments, Consequently the ability
of Tanzanian courts to uphold foreign judgments remains limited, undermining the country’s
participation in international legal cooperation and potentially discouraging foreign investment
and legal collaborations.

Research Objectives
4Tanzania National Roads Agency v. Kundan Singh Construction Limited, 2014] eKLR.

5The Changing Face of ArbitrationLaw and Practice in Nigeria’,26 Journal of International Arbitration (2009),

6 ibid
This research will be conducted with the following objectives in mind as evidenced hereunder;

General objectives

The main objective of this study is to assess potential legal chalenges in recognition and
enforcement of foreign judgements by courts in Tanzania.

Specific objectives

To analyze the legal framework governing the recognition and enforcement of foreign judgments
in Tanzania.
To identify the challenges faced by Tanzanian courts in recognizing and enforcing foreign
judgments.
To assess the impact of these challenges on international trade, foreign investments, and cross-
border legal cooperation.
To suggest recommendations for improving the recognition and enforcement of foreign
judgments in Tanzania.

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