THIS IS IMPORTANT : Time to evaluate or repeal the Extension of Judgments Act of 1921

Last week, we showed the countries listed whose judgments from their High Courts would be recognised and enforced in Tanzania, in terms of the Reciprocal Enforcement of Foreign Judgments Act (CAP 8 R: E 2002. However, none of the countries immediately neighbouring Tanzania are on that list. Well, almost, since Zambia is on the list!

Judgments from Kenya, Uganda, Malawi or Zanzibar are by law not considered foreign. They are extended into Tanzania by the Extension of Judgments Act CAP 7 R:E 2002. The Act was enacted in 1921 and was extended to the above listed countries in 1921 and 1922.

Where a decree has been obtained or entered up in the High Court of Kenya, Uganda, Malawi or Zanzibar or in any court sub-ordinate to any of those courts, for any debt, damage or costs and where it is desired that the decree shall be executed upon the person or property of the defendant in Mainland Tanzania, the decree may be transferred to the High Court of Tanzania or to any of the courts subordinate thereto for execution.

The provisions of the Civil Procedure Code for the transfer and execution of decrees shall apply in the same manner as if the decree had been obtained or entered up in one court and were transferred for execution to another court within the jurisdiction of the High Court of Tanzania.

After the transfer, all proceedings have to be taken as if the decree had been a decree originally obtained in the High Court of Tanzania or a subordinate court. All reasonable costs and charges with regard to the transfer and execution of the decree must be recovered in like manner as if they were of the original judgment.

The Act extends execution of warrants as well. In the event that a warrant is issued by the High Court of Kenya, Uganda, Malawi or Zanzibar or by a court sub-ordinate to any such courts for the arrest of a defendant in a civil case either before or after a judgment, a judge of the High Court of Tanzania or a magistrate of a subordinate court shall have the power to endorse and execute the warrant or to issue, before such endorsement, a provisions warrant for the arrest of the defendant, upon receipt of telegraphic or other information and in such circumstances as would in his opinion justify the issue of a warrant in a civil case within his jurisdiction.

The provisional warrant must be discharged if the High Court of Tanzania does not receive the original warrant within reasonable time. The High Court of Tanzania must not endorse or execute or issue any provisional warrant if the warrant or information from the court desiring the arrest is not accompanied by intimation that such court indemnifies the High Court of Tanzania or subordinate court against all costs, charges and expenses to be incurred by the High Court of Tanzania or the subordinate court.

In respect of a warrant, the provisions of the Civil Procedure Code, for the arrest of defendants before and after judgment shall apply in the same manner as if the suit had been originally instituted in the High Court of Tanzania or a subordinate court. All the reasonable costs and expenses with regard to proceedings for the arrest must be recoverable in like manner as if they had been incurred in the court in which the suit has actually been instituted.

The Act requires a judge of the High Court or magistrate of a subordinate court requesting arrest of a defendant under any law similar to the Act by any court in Kenya, Uganda, Malawi or Zanzibar, before communicating with the court in any of those countries, to take security from the plaintiff in such sum as shall be sufficient to cover all costs, charges and expenses to be incurred by the court to which the application is made and must indemnify that court against all those costs, charges and expenses.

The President can extend the Act to any other Commonwealth country or a country dependent of such country. There is no mention of need for reciprocity!

While the law is still in force and can be used, it does not take much imagination to see that it is in need of urgent evaluation and possible repeal.