Notarization of a lease agreement executed abroad
I am living abroad but I have a house in Tanzania which I intend to lease to a foreigner who is currently living in the same city as me here abroad. The person to whom I want to lease the house will be departing to Tanzania in few weeks to come. Can we have this lease agreement executed and notarized here before a lawyer practicing in this foreign jurisdiction? Do the laws of Tanzania recognise a lease agreement notarized by or before a lawyer practicing in a foreign state?
EM, Europe
Section 3(1)(b) of the Notaries Public and Commissioners for Oaths Act [Cap.12 R.E 2019] recognises persons allowed to practice as notary public and commissioner for oaths in England, Scotland, North Ireland or the Republic of Ireland as notary public and commissioner for oaths in Tanzania and the documents attested or notarized by them are legally recognised in Tanzania. Lawyers or notary public and commissioner for oaths in other jurisdiction are not recognised in Tanzania and the documents attested or notarized by them are not legally recognised in Tanzania. If you are in one of the countries mentioned above, you can use any person recognised as notary public and commissioner for oaths to notarize your lease agreement.
However, if you are living in a country other than those mentioned above, you can use any diplomatic or consular or foreign service officer working in the Tanzanian Embassy in the country where you are residing or where you have executed the lease agreement to notarize your lease agreement. The Notaries Public and Commissioners for Oaths Act vests diplomatic consular and foreign service officers with powers to attest and notarize documents similar to the notary public and commissioners for oaths in Tanzania. Any document attested or notarized by them has the same legal effect as if the document was attested or notarized by the commissioner for oaths and notary public in Tanzania.