You are representing a decree-holder who has obtained a judgment from District Court in Arusha. The judgment debtor has no property within that court’s jurisdiction, but owns immovable property in Dar-es-salaam. What legal step should you take to enforce the decree?

You are representing a decree-holder who has obtained a judgment from District Court in Arusha. The judgment debtor has no property within that court’s jurisdiction, but owns immovable property in Dar-es-salaam. What legal step should you take to enforce the decree?

To execute the decree in a different region where the judgment debtor has attachable property, an application for transfer of the decree must be made under section 34(1)(b) of the Civil Procedure Code, Cap. 33 R.E. 2023. This section authorizes the court that passed the decree to transfer it for execution to another court of competent jurisdiction where the judgment debtor resides, carries on business, or owns property.

The decree-holder should file a chamber summons supported by an affidavit, explaining the factual basis for the transfer and identifying the location of the judgment debtor’s property. In addition, the application must include Form No. F/5 from the Civil Procedure (Approved Forms), G.N. No. 388 of 2017, titled “Application for Execution of Decree”, as required under Order XXI Rule 10 of the CPC.

Once the transfer is granted, the receiving court in Dar-es-salaam will treat the transferred decree as if it were its own and proceed with execution in accordance with the applicable procedures (e.g., attachment, sale, or arrest). This mechanism ensures that decrees are not defeated simply because the judgment debtor lacks assets in the original court’s jurisdiction.

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