FOREIGN JUDGMENT RECOGNITION AND ENFORCEMENT IN COURTS OF TANZANIA AND KENYA

Abstract

This article focuses on the Recognition and Enforcement of Foreign Judgments (REFJ) under Private International Law Rules, Convention, Treaties among nations and more particularly Tanzanian and Kenyan Courts. The concept of recognition, grounds for REFJ and enforcement in international law and private international law perspectives have been discussed. The research article overviews the reciprocal treaties to Tanzania and Kenya and theories which provide justification for REFJ. The procedures in enforcement of foreign judgment in Tanzanian and Kenyan courts are also examined. Finally it examines various court decisions in Tanzania and Kenya in relation to the issues at hand with a view to assessing their strengths and possible weaknesses in REFJ with conclusion and recommendations at the end.