CHAPTER 11

THE MAGISTRATES' COURTS ACT

[SUBSIDIARY LEGISLATION]
ORDERS

1. The Magistrates' Courts (District Courts) (Concurrent Jurisdiction over

Contiguous
Districts) Order
2. The Magistrates' Courts (Courts of a Resident Magistrate) (Re-
Designation) Order
3. The Magistrates' Courts (Courts of Resident Magistrates)
(Consolidation) Order
4. The District Courts (Powers to Sit Outside Areas of Jurisdiction) Order
5. The Magistrates' Courts (Jurisdiction of Primary Courts in relation to
Hoarding Offences) Order
6. The Magistrates' Courts (Special Traffic Courts) (Establishment) Order

REGULATIONS

1. The Primary Courts (Assessors) Regulations

2. Kanuni za Wazee wa Baraza Katika Mahakama za Mwanzo
3. The Arbitration Tribunals Regulations
4. The Magistrates' Courts (Remuneration of Honorary Magistrates)
Regulations
5. The Magistrates' Courts (Rules of Evidence in Primary Courts)
Regulations
6. The Court Assessors (Remuneration of Assessors) Regulations

RULES

The Magistrates' Courts (Civil Procedure in Primary Courts) Rules

The Magistrates' Courts (Limitation of Proceedings under Customary Law)

Rules

The Primary Courts (Administration of Estates) Rules

The Magistrates' Courts (Primary Courts) (Judgment of Court) Rules

Compiled by
MAHENA FRANCOIS
 ORDERS

THE MAGISTRATES' COURTS (DISTRICT COURTS) (CONCURRENT JURISDICTION OVER CONTIGUOUS

DISTRICTS) ORDER

(Section 4(5))

G.Ns. Nos.

55 of 1986

134 of 1988

1. This Order may be cited as the Magistrates' Courts (District Courts) (Concurrent Jurisdiction
over Contiguous Districts) Order.

2. There is hereby conferred upon each District Court specified in the Schedule to this Order
jurisdiction over the district specified opposite it in the Second column of the Schedule.

SCHEDULE

District Courts District in Relation to which Jurisdiction Conferred

Mbozi District Court Ileje District

Njombe District Court Ludewa District

Maswa District Court Meatu District.

THE MAGISTRATES' COURTS (COURTS OF A RESIDENT MAGISTRATE) (RE-DESIGNATION) ORDER

(Section 5(i))

G.Ns. Nos.

68 of 1981

570 of 1986

1. Citation

This Order may be cited as the Magistrates' Courts (Courts of a Resident Magistrate)
(Designation) Order.

2. Establishment of Courts of a Resident Magistrate

There is hereby established Courts of a Resident Magistrate whose designations are specified in
the first column of the Schedule to this Order which shall exercise jurisdiction in the areas specified
respectively opposite those designations in the second column of that Schedule.

Compiled by
MAHENA FRANCOIS
 SCHEDULE

(Para 2)

Designation of Courts Area of Jurisdiction

The Court of the Resident Magistrate of Arusha Arusha Region and the whole area of the Serengeti
National Park

The Court of the Resident Magistrate of Bukoba The Kagera Region

The Court of the Resident Magistrate of Dar es Salaam The Dar es Salaam

Region of Dodoma Dodoma Region

The Court of the Resident Magistrate of Iringa Iringa Region

The Court of Resident Magistrate of Kigoma Kigoma Region

The Court of the Resident Magistrate of Lindi Lindi Region

The Court of the Resident Magistrate of Mbeya Mbeya Region

The Court of the Resident Magistrate of Morogoro Morogoro Region and that part of the Selous
Game Reserve north of the Ruaha and Rufiji Rivers.

The Court of the Resident Magistrate of Moshi Kilimanjaro Region

The Court of the Resident Magistrate of MtwaraMtwara Region

The Court of the Resident Magistrate of Musoma Mara Region and the whole area of the
Serengeti National Park

The Court of the Resident Magistrate of Mwanza Mwanza Region

The Court of the Resident Magistrate of Shinyanga Shinyanga Region

The Court of the Resident Magistrate of Singida Singida Region

The Court of the Resident Magistrate of Songea Ruvuma Region

The Court of the Resident Magistrate of Sumbawanga Rukwa Region

The Court of the Resident Magistrate of Tabora Tabora Region

The Court of the Resident Magistrate of Tanga Tanga Region

Compiled by
MAHENA FRANCOIS
 THE MAGISTRATES' COURTS (COURTS OF RESIDENT MAGISTRATES) (CONSOLIDATION) ORDER

(Section 6(1))

[12th June, 1968]

G.N. No. 238 of 1968

1. These Regulations may be cited as the Magistrates Courts (Courts of Resident Magistrates)
(Consolidation) Order.

2. The following Courts of Resident Magistrates are established:

Designation Area of Jurisdiction

The Court of the Resident Magistrate of Arusha. The Arusha Region and the whole area of the Serengeti
National Park.

The Court of the Resident Magistrate of Bukoba. The West Lake Region.

The Court of the Resident Magistrate of Dar es Salaam. The Coast Region.

The Court of the Resident Magistrate of Dodoma. The Dodoma Region.

The Court of the Resident Magistrate of Iringa. The Iringa Region.

The Court of the Resident Magistrate of Kigoma.The Kigoma Region.

The Court of the Resident Magistrate of Mtwara. The Mtwara Region.

The Court of the Resident Magistrate of Mbeya. The Mbeya Region.

The Court of the Resident Magistrate of Morogoro. The Morogoro Region and that part of the
Selous Game Reserve North of the Ruaha and Rufiji Rivers.

The Court of the Resident Magistrate of Moshi. The Kilimanjaro Region.

The Court of the Resident Magistrate of Musoma. The Mara Region and the whole of the
Serengeti National Park.

The Court of the Resident Magistrate of Mwanza. The Mwanza Region.

The Court of the Resident Magistrate of Singida.The Singida Region.

The Court of the Resident Magistrate of Shinyanga. The Shinyanga Region.

The Court of the Resident Magistrate of Songea.The Ruvuma Region.

The Court of the Resident Magistrate of Tanga. The Tanga Region.

The Court of the Resident Magistrate of Tabora. The Tabora Region.

Compiled by
MAHENA FRANCOIS
 3. The Magistrates Courts (Courts of a Resident Magistrate) Order * and all subsequent Orders
establishing Courts of Resident Magistrates are hereby revoked.

THE DISTRICT COURTS (POWERS TO SIT OUTSIDE AREAS OF JURISDICTION) ORDER

(Section 10)

G.N. No. 432 of 1968

1. This Order may be cited as the District Courts (Power to Sit Outside Areas of Jurisdiction)
Order.

2. The District Courts of the District named in the first column of the Schedule hereto are hereby
authorised, when exercising their appellate, confirmatory or revisional jurisdiction to sit in places named
in the second column of the Schedule.

SCHEDULE

District for which Court is Established Place where Court may Exercise Jurisdiction

Kondoa Kibaya

Korogwe Mkumburu

THE MAGISTRATES' COURTS (JURISDICTION OF PRIMARY COURTS IN RELATION TO HOARDING

OFFENCES) ORDER

(Section 14 (3))

[11th July, 1980]

G.N. No. 101 of 1980

1. This Order may be cited as the Magistrates' Courts (Jurisdiction of Primary Courts in relation
to Hoarding Offences) Order.

2. Subject to the provisions of the Magistrates' Courts Act *, a primary court shall have
jurisdiction to try offences under Section 194A of the Penal Code *.

Compiled by
MAHENA FRANCOIS
 THE MAGISTRATES' COURTS (SPECIAL TRAFFIC COURTS) (ESTABLISHMENT) ORDER

(Section 17)

G.N. No. 662 of 1986

1. This Order may be cited as the Magistrates' Courts (Special Traffic Courts) (Establishment)
Order.

2. There are hereby established Special Traffic Courts for the areas specified in the Schedule to
this order, for the hearing and determination of traffic cases.

SCHEDULE

AREAS OF SPECIAL TRAFFIC COURTS

(1) Arusha

(2) Dar es Salaam

(3) Dodoma

(4) Moshi

(5) Mwanza

(6) Tanga

Compiled by
MAHENA FRANCOIS
 REGULATIONS
THE PRIMARY COURTS (ASSESSORS) REGULATIONS

(Section 9)

G.N. No. 223 of 1972

1. Citation

These Regulations may be cited as the Primary Courts (Assessors) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires–

"panel" means a panel of assessors constituted under these Regulations;

"primary court" includes every place within the local limits of the jurisdiction of any primary
court in or at which the business of the court is regularly or customarily conducted, and references to
the primary court magistrate are references to the primary court magistrate who may legally exercise
powers or perform functions in or at such court.

3. Constitution of assessors

(1) There shall be a panel of and assessors for each primary court.

(2) Every panel shall consist of not panels of less than thirty and not more than forty members
nominated in accordance with these Regulations.

4. Qualifications of assessors

No person shall be entitled to be nominated as an assessor if he is–

(a) a member of the National Assembly; or

(b) a member of any local government authority; or

(c) a civil servant; or

(d) a primary court magistrate; or

(e) a judge of the High Court, a resident magistrate or a district magistrate; or

(f) a person under the apparent age of thirty years; or

(g) a person who is not a citizen of the United Republic of Tanzania; or

(h) a person who has previously served a sentence of imprisonment for any term imposed
on him by any court in Tanzania following conviction for a criminal offence or who has served or any
other penalty substituted by a competent authority for the sentence imposed on him by such a court.

Compiled by
MAHENA FRANCOIS
5. Primary nomination of assessors

(1) In order to be validly nominated as an assessor a person must be nominated in writing by the
appropriate authority.

(2) The nomination shall be in the form prescribed in the Schedule to these Regulations.

(3) In making any nomination under this regulation, the appropriate authority should endeavour
to agree upon such number of persons exceeding thirty as will facilitate a reasonable measure of
preference in the final selection of nominees as assessors.

6. Procedure following nomination

(1) As soon as may be practicable after the primary nomination, the primary appropriate
authority shall forward all the papers relative to the nomination to the District Secretary.

(2) Upon receipt by him of the primary nomination papers forwarded to him under paragraph
(1) of this regulation, the District Secretary shall, as soon as practicable, cause the papers to be
submitted to a meeting of the District Executive Committee.

7. Final selection and approval by District Executive Committee

(1) A meeting of the District Executive Committee shall consider the merits and suitability of
each of the persons nominated by the appropriate authority and shall after such consideration proceed
to exercise powers of approval or selection in accordance with the following provisions of this
regulation.

(2) In the exercise of its functions under this regulation, whether at the first or at any
subsequent meeting during which approval or selection is made, the District Executive Committee shall
not be bound by the order of preferences indicated by the appropriate authority, but in any case where
the District Executive Committee declines to approve or select any nominee or nominees, it shall not be
lawful for the District Executive Committee to make the final selection in respect of any panel to result
in a number of assessors less than the prescribed minimum of thirty.

(3) Where the District Executive Committee, in the exercise of the powers conferred upon it by
paragraph (2), declines to approve or select any nominee or nominees, and the number of nominees
already approved or selected as assessors as of that date is less than thirty, the District Executive
Committee shall forthwith certify its ruling to the appropriate authority, and the appropriate authority
shall meet on some other convenient day for primary nomination of persons and the nomination
procedure shall be commenced afresh in respect of such number of nominees as may be required to fill
the vacancies in the membership of the panel.

(4) Where the District Executive Committee is satisfied with the merits and the suitability of any
nominees, it shall select or approve and declare such nominees to have been nominated as assessors,
and every nominee selected or approved shall be deemed to have commenced to hold office from the
date on which the relevant primary court magistrate receives from the District Secretary the roster
approved by the District Secretary pursuant to the provisions of paragraph (2) of regulation 8.

Compiled by
MAHENA FRANCOIS
 (5) The District Executive Committee shall, after making its selection or approval under this
regulation, prepare a panel and forward it to the district magistrate having jurisdiction over the primary
court in respect of which the panel has been prepared.

(6) Upon receipt by him of the panel forwarded to him under paragraph (2) of this regulation,
the District magistrate shall, without delay, forward it to the relevant primary court magistrate.

8. Primary Court Magistrate to prepare roster of assessors

(1) Every primary court magistrate who receives a panel under the Regulations shall prepare a
roster which shall allocate, as nearly as possible, equal opportunity for each assessor to hear cases
during his tenure of office.

(2) As soon as may be practicable after the preparation of the roster, the primary court
magistrate shall forward it to the District Secretary for his approval and the District Secretary shall after
his approval return the roster to the primary court magistrate.

9. Tenure of office

(1) Subject to the provisions of paragraph (2) of this regulation, the nomination, selection and
approval of assessors under these Regulations shall be made once every year at an ordinary meeting of
the appropriate authority or, as the case may be, the District Executive Committee.

(2) The provisions of paragraph (1) of this regulation shall not apply in any case where the
nomination, selection and approval is made for the purpose of filling vacancies in the membership of
any panel pursuant to the provisions of paragraph (3) of regulation 7.

(3) Every assessor shall, unless previously he ceases to be an assessor for any cause whatsoever,
remain in office from the date on which he is deemed to have commenced to hold office under these
Regulations, and his term of office shall expire on the date on which the relevant primary court
magistrate receives from the District Secretary the next roster prepared and approved in accordance
with these Regulations.

(4) Nothing in these Regulations shall prevent any person who is or has been an assessor from
being nominated for another term of office:

Provided that no person who has been an assessor shall be appointed for another term of office
if–

(a) he ceased to be an assessor on account of his being removed from office by the District
Executive committee pursuant to regulation 11; or

(b) since he ceased to be an assessor for any other cause whatsoever circumstances have
arisen which disqualify him from appointment as an assessor under these Regulations.

10. Interested party not to sit as an assessor

Where in any proceedings before a primary court it is discovered that an assessor has any
pecuniary or other interest in such proceedings he shall be disqualified from participating in the
proceedings.

Compiled by
MAHENA FRANCOIS
11. Power of District Executive Committee to remove an assessor from office

Notwithstanding anything contained in these Regulations, the District Executive Committee may
at any time remove from his office as an assessor any person for inability to perform the functions of his
office from any cause whatsoever or for misbehaviour, and the person so removed shall forthwith cease
to be an assessor.

SCHEDULE

FORM FOR PRIMARY NOMINATION OF AN ASSESSOR

THE UNITED REPUBLIC OF TANZANIA

THE MAGISTRATES' COURTS ACT

The Primary Courts (Assessors) Regulations

(Regulation 5(2))

1. Full names of person nominated ..............................................................................

......................................................................................................................................

Occupation ................................................................................................................

Residential address ....................................................................................................

......................................................................................................................................

......................................................................................................................................

Postal Address .........................................................................................................

.....................................................................................................................................

Age–whether 30 years or over .....................................................................................

Citizen of ..................................................................................................................

.....................................................................................................................................

.....................................................................................................................................

2. Name and address of appropriate authority ...............................................................

.....................................................................................................................................

.....................................................................................................................................

Primary nomination made at a meeting held on (date) ...................................................

(place) ...........................................................................................................................

Compiled by
MAHENA FRANCOIS
 3. Certificate of qualification – to be completed by the person nominated as an assessor or by a
person authorised by the appropriate authority:

I, ................................. of .............................................. hereby certify that the person nominated

is willing and otherwise qualified to serve as an assessor.

Date .................................................. Place ..............................................................

Signed ...................../..........................

Nominee/Authorised Person

Note: No person shall be entitled to be nominated as an assessor if he is–

(a) a member of the National Assembly; or

(b) a member of any local government authority; or

(c) a civil servant; or

(d) a primary court magistrate; or

(e) a judge of the High Court, a resident magistrate or a district magistrate; or

(f) a person under the apparent age of thirty years; or

(g) a person who is not a citizen of the United Republic of Tanzania; or

(h) a person who has previously served a sentence of imprisonment for any term imposed
on him by any court in Tanzania who has served any other penalty following conviction for a criminal
offence or substituted by a competent authority for the sentence imposed on him by such court.

KANUNI ZA WAZEE WA BARAZA KATIKA MAHAKAMA ZA MWANZO

G.N. No. 222 of 1972

(Kanuni hizi zimewekwa kwa mujibu wa fungu la 9 la Sheria ya Mahakama)

1. Jina la Kanuni hizi

Kanuni hizi ziitwe Kanuni za Wazee wa Baraza katika Mahakama za Mwanzo.

2. Ufafanuzi wa maneno

Kwa madhumuni ya Kanuni hizi, wa ila kama inahitajiwa vingine, maneno yafuatayo chini ya
Kanuni hizi yatakuwa na maana ifuatayo–

"Halmashauri Kuu ya Wilaya" maana yake ni Halmashauri Kuu ya C.C.M. ya Wilaya;

Compiled by
MAHENA FRANCOIS
 "Katibu wa Wilaya" maana yake ni Katibu wa C.C.M. wa Wilaya aliyeteuliwa na Rais wa Jamhuri
ya Muungano wa Tanzania kwa mujibu wa Katiba ya C.C.M.;

"kikao kinachohusika" maana yake ni–

(a) iwapo mahali panapohusika pana Tawi moja tu la C.C.M. basi ni Halmashauri Kuu ya
Tawi hilo ambalo lina mamlaka katika eneo linalopatana na eneo la mamlaka ya Mahakama ya Mwanzo
iliyopo mahali hapo;

(b) iwapo mahali panapohusika pana Matawi ya C.C.M. mawili au zaidi, basi ni Halmashauri
Kuu za Matawi yote ambayo yana mamlaka katika eneo linalopatana na eneo la mamlaka ya mahakama
ya mwanzo iliyopo mahali hapo, na katika utimizaji wa Kanuni hizi, kila Halmashauri Kuu itateua, kwa
kadri iwezekanavyo, idadi ambayo itakuwa sehemu sawa ya jumla ya Wazee wa Baraza wanaohitajiwa
na mahakama hiyo ya mwanzo;

"mahakama ya mwanzo" ni pamoja na kila mahali katika eneo la mamlaka ya mahakama ya

mwanzo ambapo kwa kawaida hutumika kwa shughuli za mahakama, na hakimu wa Mahakama mwanzo
ni yule hakimu wa mahakama ya mwanzo aliye na haki kwa mujibu wa sheria ya kutumia madaraka au
kuendesha shughuli za mahakama katika mahakama hiyo;

"orodha ya Wazee wa Baraza" maana yake ni orodha ya Wazee wa Baraza katika mahakama ya
mwanzo watakaoteuliwa kwa mujibu wa Kanuni hizi.

3. Muundo wa orodha ya Wazee wa Baraza

(1) Kutakuwa na orodha ya Wazee wa Baraza kwa ajili ya kila mahakama ya mwanzo.

(2) Kila orodha itakuwa na Wazee wa Baraza wasiopungua thelathini na wasiozidi arobaini
ambao watateuliwa kwa mujibu wa Kanuni hizi.

4. Sifa za Wazee wa Baraza

Yeyote kati ya watu hawa wafuatao hatakuwa na haki ya kuteuliwa kuwa mzee wa baraza,
yaani–

(a) mjumbe wa Bunge; au

(b) mjumbe wa halmashauri yo yote ya mitaa; au

(c) mtumishi wa Serikali; au

(d) hakimu wa mahakama ya mwanzo; au

(e) Jaji wa Mahakama Kuu, hakimu mkazi au hakimu wa Wilaya; au

(f) mtu yeyote ambaye umri wake kwa kukisia ni chini ya miaka thelathini; au

(g) mtu yo yote asiye raia wa Jamhuri ya Muungano wa Tanzania; au

Compiled by
MAHENA FRANCOIS
 (h) mtu yeyote ambaye amepata kufungwa gerezani kwa muda wowote kutokana na
adhabu aliyopewa na mahakama yoyote hapa Tanzania baada ya kupatikana na hatia ya kosa la jinai au
adhabu ingine aliyopewa na mamlaka lhalali badala ya kifungo alichopewa na mahakama hiyo.

5. Uteuzi wa mwanzo wa wazee wa

(1) Ili mtu aweze kuteuliwa ifaavyo kuwa mzee wa baraza ni lazima ateuliwe kwa maandishi na
kikao baraza kinachohusika.

(2) Maandishi hayo yatakuwa katika karatasi ya aina iliyoonyeshwa kwenye Nyongeza ya Kanuni
hizi.

(3) Wakati wa kuwateua Wazee wa Baraza kwa mujibu wa kanuni hii, wajumbe wa kikao
kinachohusika wajitahidi kuafikiana ili mradi wapate idadi inayozidi thelathini kusudi wakati wa uteuzi
wa mwisho uwepo uchaguzi barabara wa Wazee wa Baraza wanaohitajiwa.

6. Utaratibu utakaotumika baada ya uteuzi wa mwanzo

(1) Mara tu baada ya uteuzi wa mwanzo, kikao kinachohusika kitampelekea Katibu wa Wilaya
karatasi na hati nyinginezo zote zinazohusika na uteuzi huo.

(2) Akisha zipokea hizo karatasi na hati za uteuzi wa mwanzo aliopelekewa kwa mujibu wa fasili
ya (1) ya Kanuni hii huyo Katibu wa Wilaya ataziwasilisha mbele ya mkutano wa Halmashauri Kuu ya
Wilaya mapema iwezekanavyo.

7. Uteuzi wa mwisho na kibali cha Halmashauri Kuu ya Wilaya

(1) Mkutano wa Halmashauri Kuu ya Wilaya utayafikiria majina ya watu walioteuliwa na kikao
kinachohusika na baada ya kuzingatia sifa zao mkutano utaendelea kutumia madaraka yake ya
kuwakubali au kuwachagua Wazee wa Baraza kwa mujibu wa masharti yaliyomo katika Kanuni hii.

(2) Wakati wowote Halmashauri Kuu ya Wilaya inapotumia madaraka yake ya kuwakubali au
kuwachagua Wazee wa Baraza kwa mujibu wa Kanuni hii, haitalazimika kufuata mapendekezo ya kikao
kinachohusika, lakini ikitokea kwamba wakati wa mkutano wowote Halmashauri Kuu ya Wilaya itakataa
kumkubali au kumchagua mtu yeyote kuwa mzee wa baraza basi itakuwa si halali kwa Halmashauri hiyo
kufanya uteuzi wa mwisho kwa ajili ya orodha yoyote ya Wazee wa Baraza utakaoleta idadi ya Wazee wa
Baraza inayopungua kima kile cha chini kilichowekwa, yaani thelathini.

(3) Iwapo Halmashauri Kuu ya Wilaya, katika kutumia uwezo wa kukataa uliotolewa na fasili ya
(2) itakataa kumkubali au kumchangua mtu yeyote, na ikiwa wakati huo jumla ya watu waliokubaliwa au
kuchaguliwa kuwa Wazee wa Baraza ni chini ya thelathini, basi hiyo Halmashauri Kuu ya Wilaya itapeleka
mara moja taarifa ya uamuzi wake kwa kukataa kwa kikao kinachohusika, kisha kikao hicho
kinachohusika kitakutana tena siku nyingine inayofaa kwa madhumuni ya kuwateua watu watakaojaza
nafasi zilizo wazi katika orodha ya Wazee wa Baraza, na kwa ajili hiyo zile shughuli na utaratibu wa
uteuzi wa mwanzo zitaanza upya.

(4) Iwapo Halmashauri Kuu ya Wilaya itaridhishwa na sifa bora za watu waliopendekezwa, basi
itawakubali au kuwachagua watu hao na kuthibitisha kwamba watu hao wameteuliwa kuwa Wazee wa
Baraza, na baada ya uthibitisho huo kila mzee wa baraza atahesabiwa kuwa ameshika kazi yake hiyo

Compiled by
MAHENA FRANCOIS
kuanzia tarehe ile ambayo hakimu wa mahakama ya mwanzo anayehusika atakapopokea kutoka kwa
Katibu wa Wilaya ratiba ya kazi iliyokubaliwa na Katibu huyo kwa mujibu wa fasili ya (2) ya Kanuni ya 8.

(5) Baada ya kutoa kibali chake au kufanya uchaguzi wake kwa mujibu wa Kanuni hii,
Halmashauri Kuu ya Wilaya itatengeneza orodha ya Wazee wa Baraza na kumpelekea hakimu wa Wilaya
mwenye mamlaka juu ya mahakama ya mwanzo ambako Wazee wa Baraza waliotajwa katika orodha
hiyo watafanya kazi.

(6) Mara tu baada ya kupokea orodha ya Wazee wa Baraza aliyopelekewa kwa mujibu wa fasili
ya (5) ya Kanuni hii, hakimu wa wilaya ataipeleka kwa hakimu wa mahakama ya mwanzo anayehusika.

8. Hakimu wa mahakama ya mwanzo atatengeza ratiba ya kazi kwa ajili ya Wazee wa Baraza

(1) Kila hakimu wa mahakama ya mwanzo anayepokea orodha ya Wazee wa Baraza kwa mujibu
wa Kanuni hizi atatengeneza ratiba ya kazi kwa ajili ya wazee hao ambayo, kwa kadri inavyowezekana,
itampa kila mzee wa baraza nafasi sawa ya kusikiliza mashauri katika muda wake atakaposhika kazi hiyo.

(2) Mara tu baada ya kutengeneza ratiba hiyo ya kazi, hakimu wa mahakama ya mwanzo
ataipeleka kwa Katibu wa Wilaya kusudi atoe kibali chake, na baada ya kuikubali Katibu huyo atairudisha
ratiba hiyo kwa huyo hakimu aliyeipeleka kwake.

9. Muda wa kufanya kazi kama mzee wa baraza

(1) Bila ya kuyaingilia mashariti ya fasili ya (2), shughuli za uteuzi wa mwanzo, kuwakubali au
kuwachagua Wazee wa Baraza kwa mujibu wa Kanuni hizi, zitafanyika mara moja kila mwaka kwenye
mkutano wa kawaida wa kikao kinachohusika au Halmashauri Kuu ya Wilaya, kadri itakavyohitajika.

(2) Masharti ya fasili ya (1) hayatatumika iwapo shughuli za uteuzi wa mwanzo, kuwakubali au
kuwachagua Wazee wa Baraza zitafanyika kwa madhumuni ya kujaza nafasi zilizo wazi katika orodha ya
Wazee wa Baraza kwa kufuata masharti ya fasili ya (3) ya Kanuni ya 7.

(3) Kila mzee wa baraza ambaye hatakoma mapema zaidi kuwa mzee wa baraza kwa sababu
yoyote ile, atabaki katika kazi yake tangu tarehe ile ambayo kwa mujibu wa Kanuni hizi anahesabiwa
kuwa ameanza kushika kazi yake, na muda wake wa kuwamo kazini utaendelea mpaka tarehe ile
ambayo hakimu wa mahakama ya mwanzo anayehusika atakapopokea kutoka kwa Katibu wa Wilaya
ratiba ya kazi mpya iliyotengenezwa na kukubaliwa kwa mujibu wa Kanuni hizi.

(4) Hakuna jambo lolote katika Kanuni hizi litakalomzuia mtu ye yote ambaye ni mzee wa baraza
au aliyekuwa mzee wa baraza, kuteuliwa tena kushika kazi hiyo kwa kipindi kingine:

Isipokuwa kwamba hapana mtu aliyekuwa mzee wa baraza atakayeteuliwa tena kushika kazi
hiyo kwa kipindi kingine ikiwa–

(a) alikoma kuwa mzee wa baraza kwa sababu ya kuondolewa kazini na Halmashauri Kuu ya
Wilaya kwa mujibu wa Kanuni ya ll; au

(b) tangu akome kuwa mzee wa baraza kwa sababu nyingineyo yoyote, hapo katikati
kumetokea jambo lolote linalompotezea sifa ya kuweza kuteuliwa kuwa mzee wa baraza kwa mujibu wa
Kanuni hizi.

Compiled by
MAHENA FRANCOIS
10. Marufuku kwa mzee wa baraza kushiriki katika kusikiliza shauri linalomhusu

Wakati wowote shauri lolote linaposikilizwa katika mahakama ya mwanzo, ikigunduliwa

kwamba mzee wa baraza yeyote ana masilahi ya aina yoyote katika shauri hilo, basi mzee huyo wa
baraza anayehusika hatakuwa na haki ya kushiriki katika kusikiliza shauri hilo.

11. Halmashauri Kuu ya Wilaya inaweza kumwondoa kazini mzee wa baraza

Bila kujali masharti mengine katika Kanuni hizi, Halmashauri Kuu ya Wilaya wakati wowote
inaweza kumwondoa kazini mzee wa baraza yeyote, ama kwa sababu ya kushindwa kwake kutimiza
wajibu wake, kwa sababu yoyote ile, ama kwa sababu ya mwenendo mbaya wa huyo mzee wa baraza,
na yeyote atakayeondolewa kazini mara moja atakoma kuwa mzee wa baraza.

NYONGEZA

KARATASI YA UTEUZI WA MWANZO WA MZEE WA BARAZA

JAMHURI YA MUUNGANO WA TANZANIA

SHERIA YA MAHAKAMA (SURA 11)

Kanuni za Wazee wa Baraza katika Mahakama za Mwanzo

1. Majina kamili ya mtu aliyeteuliwa ................................................................................

.........................................................................................................................................

Kazi yake .....................................................................................................................

Anwani ya anapoishi ......................................................................................................

.........................................................................................................................................

Anwani yake ya Posta....................................................................................................

.........................................................................................................................................

Umri wake miaka 30 au zaidi ..........................................................................................

Raia wa ........................................................................................................................

2. Jina na anwani ya kikao kinachohusika ........................................................................

..........................................................................,..............................................................

Uteuzi wa mwanzo uliofanyika kwenye mkutano wa (tarehe) ..............................................

(mahali) .........................................................

3. Tamko la kuthibitisha sifa – ijazwe na huyo mtu aliyeteuliwa kuwa mzee wa baraza au na mtu
aliyeruhusiwa na kikao kinachohusika:

Compiled by
MAHENA FRANCOIS
 Mimi ............................................................ wa ......................................................

nathibitisha hapa kwamba mtu aliyeteuliwa yupo tayari kushika kazi hii na anafaa kwa kila hali kuwa
mzee wa baraza.

Tarehe ............................................... Mahali ..................................................

Sahihi ya ...................../..................

Aliyeteuliwa/Aliyeruhusiwa

Kumbuka: Yeyote kati ya watu hawa wafuatao hatakuwa na haki ya kuteuliwa kuwa mzee wa baraza,
yaani–

(a) Mbunge; au

(b) mjumbe wa halmashauri yoyote ya mitaa; au

(c) mtumishi wa Serikali; au

(d) hakimu wa mahakama ya mwanzo;

(e) Jaji wa Mahakama Kuu, hakimu mkazi au hakimu wa Wilaya; au

(f) mtu yeyote ambaye umri wake kwa kukisia ni chini ya miaka thelathini; au

(g) mtu yeyote asiye raia wa Jamhuri ya Muungano wa Tanzania; au

(h) mtu yeyote ambaye amepata kufungwa gerezani kwa muda wowote kutokana na
adhabu aliyopewa na mahakama yoyote hapa Tanzania baada ya kupatikana na hatia ya kosa la jinai au
adhabu ingine aliyopewa na mamlaka halali badala lya kifungo alichopewa na mahakama hiyo.

THE ARBITRATION TRIBUNALS REGULATIONS

(Section 15A)

[1st September, 1969]

G.N. No. 219 of 1969

1. Short title

These Regulations may be cited as the Arbitration Tribunals Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires–

"appropriate authority" means the Tanu Branch Committee;

Compiled by
MAHENA FRANCOIS
 "Tribunal" means an Arbitration Tribunal established under these Regulations;

"ward" shall have the meaning assigned thereto in the Local Government (Elections) Act *.

3. Establishment of Tribunal

There is hereby established in every ward a Tribunal:

Provided that where, in the opinion of the Regional Commissioner within whose area of
jurisdiction a ward is situate, it is desirable, having regard to the area of the ward, the number of
settlements in the ward and the density of population therein, to establish two or more Tribunals, he
may in his discretion establish such number of additional Tribunals as he may think fit.

4. Composition of Tribunals

Every Tribunal shall consist of five members nominated by the Tanu Branch Committee having
jurisdiction over the ward in respect of which the Tribunal is established.

5. Qualification of members

No person shall be entitled to be nominated as a member of a Tribunal is he is–

(a) a member of the National Assembly; or

(b) a member of any local authority; or

(c) a civil servant, or

(d) a primary court magistrate; or

(e) a Judge of the High Court, a resident magistrate or a district magistrate; or

(f) a person under the apparent age of 30 years; or

(g) a person who is not a citizen of the United Republic of Tanzania.

6. Tenure of office

Every member of the Tribunal shall hold office for a period of one year from the date of his
nomination by the appropriate authority, but shall be eligible to be renominated upon the expiry of the
term of his office.

7. Vacancy

Where a vacancy occurs in the membership of a Tribunal by death, resignation or effluxion of

time, the vacancy shall be filled by nomination by the appropriate authority concerned.

8. Interested party not to sit as a member

Where in any proceedings before a Tribunal it is discovered that a member of the Tribunal has
any pecuniary or other interests in such proceedings he shall be disqualified from participating in the
proceedings.

Compiled by
MAHENA FRANCOIS
9. Removal of member

Where the Regional Commissioner is satisfied that it is undesirable that any person nominated
by an appropriate authority as a member of the Tribunal should be such member or should continue to
be such member, he may terminate the nomination of the member and upon the termination of the
membership of any member the appropriate authority concerned shall nominate another person to be a
member of the Tribunal.

10. Jurisdiction

(1) Every Tribunal shall have jurisdiction to enquire into and determine–

(a) any dispute of a civil nature referred to it by a primary court with the concurrence of all
the parties to such dispute;

(b) any dispute referred to it by any party to such dispute and the other parties consenting
to the Tribunal investigation and determining the dispute.

(2) Nothing in this regulation shall be construed as conferring upon any Tribunal power to
impose any fine or other punishment whatsoever on any party to any dispute or any other person.

11. Proceedings before a Tribunal

(1) Where a dispute is referred to a Tribunal under the provisions of regulation 10 the Tribunal
shall, as soon as possible, meet and proceed to investigate and determine the dispute.

(2) In the exercise of its functions under these Regulations the Tribunal shall have power to hear
statements of witnesses produced by parties to the dispute, and to examine any relevant document
produced by any party.

(3) The Tribunal shall investigate and determine any dispute which is referred to it without
regard to any law of evidence or procedure applicable to any court and shall, subject to these
Regulations, be entitled to regulate its own procedure.

(4) In every proceeding before the Tribunal the Tribunal shall endeavour to bring the parties to
the dispute to an amicable settlement.

12. Awards

(1) Where a dispute which has been referred to a Tribunal has been investigated and settled
with the consent of all the parties concerned and with the consent of all the members of the Tribunal,
the Tribunal shall issue a certificate recording the terms of settlement or shall advise a primary court
magistrate of the terms of settlement who shall thereupon issue such certificate.

(2) Every certificate issued under paragraph (1) shall, upon being filed in a primary court, be
deemed to be an order of the primary court and may be enforced as such.

13. Impeachment of the award

Where any party to a dispute which has been referred to and determined by a Tribunal, satisfies
the primary court in which the certificate issued pursuant to regulation 12 is filed, that–

Compiled by
MAHENA FRANCOIS
 (a) he did not consent to the terms of settlement recorded in the certificate; and

(b) he was coerced into accepting the terms of settlement, the primary court shall set aside
the decision of the Tribunal and shal proceed to determine the dispute de novo as if it were a dispute in
respect of which proceedings had been commenced in the primary court:

Provided that where the dispute is of such a nature that had proceedings in respect thereof
been commenced in a primary court the primary court would have no jurisdiction to entertain the
proceedings, the primary court shall, after setting aside the decision of the Tribunal, advise the party to
commence the proceedings in the court having jurisdiction to entertain the same.

14. Chairman of Tribunal

(1) Every Tribunal shall elect one of its members as the chairman of the Tribunal.

(2) It shall be the duty of the chairman to convene the meeting of the Tribunal when any dispute
is referred to the Tribunal or to him or to any other member of the Tribunal.

15. Proceedings to be in public

All proceedings before the Tribunal shall be open to the public unless, in the opinion of the
Tribunal, it is in the public interest that the public be excluded from any part of the proceedings.

16. Tribunal to refer dispute to primary court

Where in any proceedings before the Tribunal the Tribunal is of the opinion that it is not
possible to arrive at an amicable settlement, the Tribunal shall–

(a) if the proceedings relate to a dispute which has been referred to the Tribunal by a
primary court, report to the primary court that it is unable to satisfactorily conclude the proceedings;

(b) if the proceedings relate to any dispute referred to it by any party to such dispute, cease
to continue to investigate the dispute any further and advise the parties concerned to institute
proceedings in the appropriate court.

17. Quorum

(1) Three members of the Tribunal shall constitute a quorum.

(2) Where at any meeting of a Tribunal the chairman is absent but the other two members are
present, one of such members shall, witht he consent of the other, act as the chairman.

(3) Where a member is present at the commencement of any proceedings and is subsequently,
by reason of ill-health or other good cause, unable to perform his functions as a member, the
proceedings shall not be invalid by reason of his absence:

Provided that in no case shall a Tribunal proceed to hear or determine any proceedings with less
than three members.

18. Tribunal not to levy any fee, etc.

Compiled by
MAHENA FRANCOIS
 A Tribunal shall not require any party to a dispute referred to it to pay to the Tribunal or to any
member thereof any fee or other payment whatsoever.

THE MAGISTRATES' COURTS (REMUNERATION OF HONORARY MAGISTRATES) REGULATIONS

(Section 16)

G.N. No. 431 of 1996

1. Citation

These Regulations may be cited as the Magistrates' Courts (Remuneration of Honorary

Magistrates) Regulations.

2. Remuneration

Every honorary magistrate shall, when presiding over proceedings in connection with the
Magistrates' Courts Act *, be entitled to be paid–

(a) his travelling expenses; and

(b) hotel charges (full board) at hotels to which officers of his grade are eligible in
accordance with relevant establishment circulars; or Shs. 10,000/- per diem in lieu thereof according to
his choice.

3. Additional allowance

In addition to the entitlement under paragraph 2, an honorary magistrate shall be paid Shs.
10,000/- in respect of each case he conducts and concludes in accordance with the provisions of the
Magistrates' Courts Act *.

4. Interpretation

For the purpose of these Regulations–

"grade" means the last grade held by an honorary magistrate before his retirement.

5. Revocation

[Revokes the Magistrates' Courts (Remuneration of Honorary Magistrates) Regulations *.]

Compiled by
MAHENA FRANCOIS
 THE MAGISTRATES' COURTS (RULES OF EVIDENCE IN PRIMARY COURTS) REGULATIONS

(Section 18)

G.Ns. Nos.

22 of 1964

66 of 1972

1. These Regulations may be cited as the Magistrates' Courts (Rules of Evidence in Primary
Courts) Regulations.

2. The rules of evidence set out in the Schedule hereto shall apply in primary courts.

SCHEDULE

I. THE FACTS THAT MUST BE PROVED AND THE PARTIES WHO MUST PROVE THEM

1. What the complainant or the claimant must prove

(1) Where a person is accused of an offence, the complainant must prove all the facts which
constitute the offence, unless the accused admits the offence and pleads guilty.

Exceptions:

(a) The complainant need not prove any fact which the relevant law or rule 2 declares to be
the responsibility of the accused to prove;

(b) no proof is required of–

(i) the matters set out in rule 3; or

(ii) the facts which the court may presume (rule 4) unless the presumption is
rebutted.

(2) Where a person makes a claim against another in a civil case, the claimant must prove all the
facts necessary to establish the claim unless the other party (that is the defendant) admits the claim.

Exceptions:

(a) The claimant need not prove–

(i) any fact which the relevant law or rule 2 declares to be the responsibility of the
defendant to prove;

(ii) any fact which the defendant admits;

(b) no proof is required of–

(i) the matters set out in rule 3;

Compiled by
MAHENA FRANCOIS
 (ii) the facts which the court may presume (rule 4), unless the presumption is
rebutted.

(3) The facts which must be proved are called "the facts-in-issue"; and the responsibility for
proving facts is called "the burden of proof".

2. What the accused or the defendant must prove

(1) Where a person is accused of an offence, the burden of proving that the case falls
within one of the exceptions or excuses provided in the law under which he is charged and the burden
of proving any fact especially within his knowledge, is upon the person accused. The accused need not,
however, prove any fact if the court is satisfied, by evidence given by the complainant or his witnesses,
that that fact exists.

(2) Where the defence to a criminal charge is that the accused had a licence, permit, ticket or
some other authority to do the act which he is accused of doing, the accused must prove he had the
licence, permit, ticket or authority.

(3) Where the defence to any civil case is that there are other facts than those proved by the
claimant and that such other facts will excuse him from liability to meet the claim, or where any fact is
especially within the knowledge of the defendant, the defendant must prove those other facts.

3. Facts which need not be proved

(1) The following facts need not be proved, but the court shall be deemed to know them–

(a) the laws as stated in official copies of the laws;

(b) the names, titles and seals (if any) of all courts, judges, registrars and magistrates, and
the names and titles of the officers of the Government within the district;

(c) matters of common knowledge such as the divisions of time, the different kinds of
money, weights, measures; the regions and districts of Tanzania, and the whereabouts of places in
Tanzania;

(d) other matters of common knowledge such as that rain falls, cows have four legs, lions
are dangerous animals, trains run on rails, etc.

(2) The court may, however, ask a party to assist the court to establish any facts of a kind
referred to in subrule (1) of this rule from books or documents.

(3) The rules of customary law which applies in the district need not be proved unless a party
wishes to prove them or unless the court, in any particular case, requires a party to prove a rule on
which that party bases his case.

4. Presumptions

The court may presume–

(a) that a child under twelve years of age cannot form a criminal intention;

Compiled by
MAHENA FRANCOIS
 (b) that a boy under twelve years of age cannot have sexual intercourse with a woman;

(c) that proceedings before other courts are correct and valid;

(d) that public and official acts and duties have been regularly and properly performed;

(e) that every public officer has been properly appointed;

(f) that every person is of sound mind (not mad);

(g) that every sane person intends natural and probable results of his acts.

II. THE WEIGHT OF EVIDENCE

5. Criminal cases

(1) In criminal cases, the court must be satisfied beyond reasonable doubt that the accused
committed the offence.

(2) If, at the end of the case, the court is not satisfied that the facts-in-issue have been proved
the court must acquit the accused.

6. Civil cases

In civil cases, the court is not required to be satisfied beyond reasonable doubt that a party is
correct before it decides the case in its favour, but it shall be sufficient if the weight of the evidence of
the one party is greater than the weight of the evidence of the other.

7. Courts not to go outside evidence

In deciding all cases, the court must confine itself to the facts which are proved in the case and
the matters it is deemed to know or may presume under rules 3 and 4. A court must not take into
account any fact relating to the case which it hears of out of court except facts learnt in the presence of
the parties during a proper visit to any land or property concerned in the case.

lll. EVIDENCE

8. Different kinds of evidence

(1) Facts are proved by evidence which may be:

(a) the statements of witnesses (oral evidence);

(b) the production of documents by witnesses (documentary evidence);

(c) the production of some other thing relevant to the case (real evidence), e.g. a rungu
with which an assault is committed.

(2) Except where stated to the contrary in these Rules, the rules which apply to witnesses also
apply to parties who give evidence.

9. Evidence must be relevant

Compiled by
MAHENA FRANCOIS
 (1) All evidence must be relevant to the case and not be excluded by rules 13 or 14.

(2) Evidence is relevant if it:

(a) tends to prove or disprove one of the facts-in-issue; or

(b) tends to prove or disprove another fact from which a fact-in-issue can be inferred.

10. Oral evidence

(1) All oral evidence must be direct, that is to say–

(a) if it refers to a fact which could be seen, it must be the evidence of a witness who says
he saw it;

(b) if it refers to a fact which could be heard, it must be the evidence of a witness who says
he heard it;

(c) if it refers to a fact which could be perceived by smell or touch or in some other manner,
it must be the evidence of a witness who says he smelt or touched it or perceived it in that manner;

(d) if it refers to an opinion or to the reasons for an opinion, it must be the evidence of the
person who holds that opinion for those reasons. (See also subrule (3) of this rule.)

(2) A fact is not proved by a witness telling the court what some other person told him about
that fact, and, therefore, a witness may not give evidence of facts that he has been told about.

Exceptions:

(a) if one of the facts-in-issue is that a particular statement was made by a person a witness
may give evidence that he heard that person make that statement;

(b) if one of the facts-in-issue is the cause of the death of a person, a witness may give
evidence of what the dead person had said was the cause of the injury or illness that led to his death;

(c) if a person has confessed to committing an offence or admitted a fact-in-issue in a civil

case, a witness may give evidence of that confession or admission; but in the case of a confession in a
criminal case only if the evidence is allowed by rule 13;

(d) if one of the facts-in-issue is the contents of an unwritten or lost will, a witness may give
evidence of what the testator said was in the will;

(e) a witness may given evidence of a statement made by another person if the statement
is against that witness's interest;

(f) a witness may give evidence of what he has been told by other persons about
customary law and customary rights.

(3) Evidence must refer to a matter of fact and not to a matter of opinion.

Exceptions:

Compiled by
MAHENA FRANCOIS
 (a) Experts, such as medical witnesses and experts in comparing fingerprints, may give
evidence of their opinions on matters on which they are experts;

(b) a witness may give his opinion as to the identification of a person on an identification
parade, the age of a person, the value of property, the speed at which anything moves, or on customary
rights.

11. Documentary evidence

(1) The original document must always be produced.

Exceptions:

(a) A copy of the original document may be proved if the original has been lost or destroyed
or if it is in the hands of the opposing party and he will not produce it, but (unless paragraph (b) of this
exception applies) oral evidence must be given that it is a true copy of the original;

(b) a copy of a court or official document may be proved if it contains a certificate, signed
by a registrar, magistrate or the official who has the original document, that it is a true copy.

(2) Where documentary evidence is produced, oral evidence must be given to connect it with
the case.

12. Real evidence

Where real evidence is produced, oral evidence must be given to connect the thing produced
with the case.

13. Evidence which may not be given in criminal cases

(1) No evidence may be given in a case against a person accused of an offence–

(a) of a confession to a police officer;

(b) of a confession which is caused by a threat or given in promise;

(c) of the accused's previous convictions or bad character.

Exceptions to (c): *

(i) Evidence of an accused's previous convictions may always be given after he has
been convicted in the case in order to enable the court to decide the proper punishment;

(ii) evidence of an accused's previous convictions or bad character may be given if

the court allows it, if the accused or his witnesses have given evidence that he has a good character.

(2) No evidence may be given in a case against a person accused of an offence of any confession
made when he is in custody unless the confession was made directly to a magistrate or to a justice of
the peace, who has been assigned to a district court. Even if such confession is made to a magistrate or
such justice of the peace no evidence may be given of the confession if it was caused by threat or
promise.

Compiled by
MAHENA FRANCOIS
 (3) Where two or more persons are being tried jointly for the same offence or for different
offences arising out of the same transaction and a confession (other than a confession to which
subparagraph (a) or (b) of paragraph (1) applies) made by one of such persons is proved, the court may
take into consideration such confession as against such other person.

14. Evidence which may not be given in civil cases

(1) Where an agreement is in writing, no oral Evidence, may be given by the parties to the
agreement or their representatives, in a civil case, to contradict or vary the written terms.

Exceptions:

(a) evidence may be given of any fraud or duress or mistake in writing down what was
previously agreed;

(b) evidence may be given of a separate oral agreement on any matter on which the writing
is silent which is consistent with the writing; or of a separate oral agreement made after the written
agreement which cancels or modifies the written agreement;

(c) evidence may be given of customs by which terms are made part of contracts although
the terms are not included in the written agreement.

(2) Where a person has intentionally caused another person to believe a thing to be true and
that other person has acted as if that thing were true, the first person or his representative shall not give
evidence in a civil case between the parties to the original transaction that that thing is not true.

Example:

A falsely tells B that certain land belongs to A and thereby induces B to buy it. Later the land
does become the property of A and A claims the land from B on the grounds that at the time of the sale,
he had no right to sell it. A will not be allowed to prove he had no right to sell.

15. Corroboration

(1) In both criminal and civil cases the evidence of young children must be supported by other
evidence.

(2) In criminal cases, the evidence of an accomplice ought to be supported by other evidence
but the court may, if it is absolutely satisfied that the accomplice is telling the truth and certifies on the
record that it has considered this rule in connection with the case, convict the person charged without
such supporting evidence.

(3) Where evidence requires to be supported by other evidence, it must be other evidence
which does not itself require to be supported.

IV. WITNESSES

16. Who may be witnesses

(1) Any person may be a witness if he knows something relevant to the case and he is able to
understand the questions put to him.

Compiled by
MAHENA FRANCOIS
 (2) Any person who may be a witness in a case may be summoned and required to give evidence
in that case.

Exception:

A person accused of an offence shall not be compelled to give evidence in the case if he does
not wish to do so.

17. Evidence which witnesses may refuse to give

(1) A wife or former wife shall not be required to give evidence of anything said to her by her
husband or former husband during their marriage; and husband or former husband shall not be
required to give evidence of anything said to him by his wife or former wife during their marriage.

Exceptions:

Such evidence may be given if–

(a) the case is a civil case between a husband and wife or a former husband and wife; or

(b) one of them is accused of an offence against the other; or

(c) the other consents.

(2) A witness shall not be required to give evidence of any official secret unless the head of the
department concerned gives permission in writing.

(3) A police officer shall not be required to say where he got any information as to the
commission of an offence.

(4) An advocate (or the interpreter of an advocate) shall not be required to give evidence of
what was said to him or by him in the course of the advocate's giving professional advice, unless his
client consents.

18. Incriminating questions

A witness may be required to answer a question even if the answer will incriminate him, but his
answer shall not make him liable to prosecution in any other case or be proved against him in any other
criminal case, except a prosecution for giving false evidence by such answer.

19. Offensive questions

The court shall forbid questions which appear to be intended to insult or annoy or which are
unnecessarily offensive, scandalous or indecent.

Compiled by
MAHENA FRANCOIS
 THE COURT ASSESSORS (REMUNERATION OF ASSESSORS) REGULATIONS

[1st September 2001]

G.N. No. 185 of 2001

1. Citation

These Regulations may be cited as the Court Assessors (Remuneration of Assessors) Regulations.

2. Entitlement

Every assessor who attends at any court of law in accordance with any list prepared under
section 69 of the Magistrates' Courts Act * shall be entitled to an allowance of one thousand five
hundred shillings for every ended case he attended at such court.

3. Revocation G.N. No. 37 of 1991

[Revokes the Primary Courts (Remuneration of Assessors) Regulations, 1990.]

Compiled by
MAHENA FRANCOIS
 RULES
THE MAGISTRATES' COURTS (CIVIL PROCEDURE IN PRIMARY COURTS) RULES

TABLE OF CONTENTS

Rules

Title

PART I

PRELIMINARY PROVISIONS

1. Citation.

2. Interpretation.

3. Application of rules.

4. Forms.

5. Applications may be written or oral.

6. Interpretation of proceedings.

7. Process to be sealed.

8. Register of Proceedings.

9. Searches and copies.

Jurisdiction

10. Place of suing in proceedings relating to immovable property.

11. Res judicata.

12. Stay of proceedings.

PART II

CIVIL PROCEEDINGS

Parties to Proceedings

13. Proceedings by or against a firm.

14. Proceedings by or against trustees, etc.

Compiled by
MAHENA FRANCOIS
Institution and Withdrawal of Proceedings

15. Institution of proceedings.

16. Withdrawal of proceeding or abandonment of part of claim.

Injunctions

17. Applications and procedure.

Summonses and Service

18. Summons.

19. Service.

Appearance and Consequences of Non-Appearance

20. Parties to appear on the day fixed in summons.

21. Representation.

22. Where neither party appears proceeding may be dismissed.

23. When claimant only appears.

24. Where defendant appears.

25. Procedure in case of non-attendance of one or more of several claimants.

26. Procedure in case of non-attendance of one or more of several defendants.

27. When party ordered to appear in person fails to do so.

28. Restoration of proceeding.

29. Setting aside ex parte proof.

30. Setting aside ex parte decision.

Summoning of Witnesses

31. Witness summons.

32. Fees and expenses.

Compiled by
MAHENA FRANCOIS
 33. Scale of expenses.

34. Payment of expenses.

35. Particulars to be stated in summons.

36. Persons present in court may be called as witnesses.

37. Where court calls any witness of its own.

38. Duty of persons summoned.

39. Time when witness may depart.

40. Failure of witness to comply with summons.

41. Where a party required to give evidence or to produce document.

Taking of Evidence otherwise than at Hearing

42. Power to examine witness immediately.

43. Request to another court to take evidence.

Procedure at Hearing

44. Admissions and denials.

45. Order of evidence.

46. Taking and recording of evidence.

47. Examination and cross-examination.

48. Power to deal with evidence taken before another magistrate.

49. Court may recall any witness.

50. Inspection of property.

Adjournments

51. Power to adjourn.

Decision

52. Recording of compromise.

Compiled by
MAHENA FRANCOIS
 53. Form and pronouncement of decision.

54. Inquiry as to means of satisfying decision.

55. Modes of paying amount awarded.

PART III

EXECUTION

Manner of Enforcement of Awards and Orders

56. Enforcement of awards and orders for payment of money.

57. Execution of an order against a firm.

58. Restitution and delivery of property.

59. Entry into dwelling houses.

60. Persons authorised to execute warrant.

61. Charges payable.

Attachment

62. Application for attachment.

63. Issue of warrant of attachment.

64. Service of warrants.

65. Seizure of property.

66. Storage of property seized.

67. Disposal of coin or currency notes.

68. Special provisions regarding wages or salary.

69. Objection to attachment by party to proceedings.

70. Objection to attachment by other persons.

71. Rescission of attachment.

Sale in Execution

72. Application for and order for sale.

Compiled by
MAHENA FRANCOIS
 73. Contents of order for sale.

74. Posting and advertisement of order.

75. Time of sale.

76. Adjournment.

77. Conduct of sale.

78. Stoppage of sale.

79. Purchase by judgment-creditor.

80. Payment by purchasers.

81. Application by purchase money.

82. Default by purchasers.

83. Liability for fees where no sale is effected.

84. Delivery of property sold in execution.

85. Setting aside of sale in execution.

SCHEDULES

THE MAGISTRATES' COURTS (CIVIL PROCEDURE IN PRIMARY COURTS) RULES

(Section 71)

G.Ns. Nos.

310 of 1964

119 of 1983

PART I

PRELIMINARY PROVISIONS (rules 1-12)

1. Citation

These Rules may be cited as the Magistrate's Courts (Civil Procedure in Primary Courts) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires–

"Act" means the Magistrates' Courts Act *;

"appellate court" means a district court or the High Court, as the case may be;

Compiled by
MAHENA FRANCOIS
 "applicant" includes a person who, under the provisions of section 33 of the Act, is permitted to
appear and act for a party;

"claimant" means the party instituting a proceeding;

"court" means a primary court;

"defendant" means the party against whom a proceeding is instituted or any person who is
made a party to a proceeding as a defendant:

"judgment creditor" means a person in whose favour an award or order for the payment of
money has been made and not satisfied;

"judgment debtor" means a person in whose favour an award or order for the payment of
money has been made and not satisfied;

"justice" means a justice of the peace assigned to a primary court house;

"land" includes buildings, erections, works, trees and perennial crops, but not annual crops;

"magistrate" means a primary court magistrate;

"party" includes a person who, under the provisions of section 33 of the Act, is permitted to
appear and act for a party;

"pleadings" means a written statement of claim, a written statement of defence, a reply or any
other document filed in the court by a party to a proceeding and purporting to set out the facts or the
law upon which such party relies in support of his claim or defence as the case may be;

"prescribed fees" means the court fees prescribed in the Court Fees Rules;

"sign" includes to affix a mark or thumbprint.

3. Application of rules

These Rules shall apply to all proceedings of a civil nature in a primary court.

4. Forms

Such forms as the Chief Justice may from time to time approve, with such variation as the
circumstances of each case may require, may be used for the respective purposes therein mentioned.

5. Applications may be written or oral

(1) Applications to primary courts may be made in writing, signed by the applicant, or orally.

(2) Where an application is made orally the substance of it shall be recorded by the magistrate
or court clerk and the application as so recorded shall be signed by the magistrate or court clerk as the
case may be, and by the applicant.

6. Interpretation of proceedings

Compiled by
MAHENA FRANCOIS
 (1) Where any party is not fully conversant with the language in which the proceedings are being
conducted, the proceedings shall be interpreted to him in open court in a language understood by him
and what he says shall be interpreted.

(2) Where any evidence is given in a language other than the language in which the proceedings
are being conducted, it shall be interpreted in open court into that language.

(3) Before entering upon the duties of his office, an interpreter shall be affirmed:

Provided that a regular court interpreter who has been affirmed generally shall not require to be
affirmed in each proceeding.

7. Process to be sealed

All summonses, notices, orders, warrants and other processes issued by the court shall be
sealed with the seal or stamp of the court.

8. Register of Proceedings

The court shall keep a register in which shall be entered in respect of every proceeding–

(a) the serial number of the proceeding;

(b) the name of the claimant;

(c) the name of the defendant;

(d) the nature of the claim;

(e) the date of the institution of the proceeding;

(f) the date of the decision or order of the court;

(g) a brief statement of the decision or order; and

(h) the reference number of any appeal or revision.

9. Searches and copies

(1) Subject to the provisions of subrule (2), any person applying for the same and paying the
prescribed fee shall be entitled–

(a) to inspect the record of any proceeding or any document in the custody of the court;

(b) to receive certified or uncertified copies of or extracts from the record of any
proceeding, including pleadings, exhibits, decisions and orders.

(2) Where any proceeding has been heard in camera or where the public or any particular
person has been excluded from any hearing, no person who was not admitted to the proceeding shall be
entitled to inspect the record of that proceeding or to receive copies of or extracts from it, without the
leave of the court.

Compiled by
MAHENA FRANCOIS
Jurisdiction (rules 10-12)

10. Place of suing in proceedings relating to immovable property

Where proceedings relate to immovable property and such property is situated within the
jurisdiction of different courts, the proceeding may be instituted in any court within the local jurisdiction
of which any portion of the property is situate.

11. Res judicata

Where in any proceeding before a court, the court is satisfied that any issue between the parties
has already been decided by the court or by any other court of competent jurisdiction in another
proceeding between the same parties, the court shall not try the issue but shall try the other issues, if
any, involved in the proceeding.

12. Stay of proceedings

Where in any proceeding before a court, the court is satisfied that any issue between the parties
is also an issue in another proceeding previously commenced between the same parties in the same
court or any other court of competent jurisdiction in Tanzania, the court shall stay the proceeding until
the previous proceeding has been decided.

PART II

CIVIL PROCEEDINGS (rules 13-55)

Parties to Proceedings (rules 13-14)

13. Proceedings by or against a firm

(1) Proceedings by or against a firm may be in the name of the partners or in the name of the
firm.

(2) Where a proceeding is instituted against a firm as such, any one of the partners may appear
on behalf of the firm in the name of the firm.

(3) Where a proceeding is instituted against a firm as such, the summons may be served upon
any one of the partners or upon any person managing the business of the firm.

14. Proceedings by or against trustees, etc.

(1) In all proceedings concerning property vested in a trustee, executor or administrator the
proceedings shall be instituted by or against the trustee, executor or administrator as such.

(2) Where a decision or order is given or made against a trustee, executor or administrator as
such for payment of any sum of money, the decision or order may be executed by attachment of the
property vested in the trustee, executor or administrator as such but not of any other property.

Institution and Withdrawal of Proceedings (rules 15-16)

15. Institution of proceedings

Compiled by
MAHENA FRANCOIS
 (1) A proceeding shall be instituted by an application specifying–

(a) the name of the court in which the proceeding is brought;

(b) the name, occupation and place of residence or place of business of the claimant;

(c) the name, occupation and place of residence or place of business of the defendant, so
far as they can be ascertained;

(d) the facts on which the claim is based and when and where it arose;

(e) the relief claimed; and

(f) where property is claimed, the value of the property.

(2) The court fees payable on the application shall be assessed by an officer of the court and as
soon as they have been paid by the claimant (or have been remitted by the court), a case file shall be
opened and the proceeding shall be numbered and registered in accordance with rule 8.

(3) A date for the hearing of the proceeding shall be fixed by the court notified to the claimant.

16. Withdrawal of proceeding or abandonment of part of claim

(1) At any time after the institution of a proceeding, the claimant may withdraw the proceeding
or abandon part of his claim.

(2) Where there are two or more defendants, the withdrawal or abandonment may be against
all or any of the defendants.

(3) A claimant who has withdrawn a proceeding or abandoned part of his claim shall not be
entitled to institute any fresh proceeding in respect of the claim or part there of withdrawn or
abandoned, unless at the time of such withdrawal or abandonment he has obtained the leave of the
court to institute a fresh proceeding. The court shall only grant such leave where it is satisfied that there
is some sufficient reason.

Injunctions (rule 17)

17. Applications and procedure

(1) An application may be made by any party at any time after a proceeding has been instituted
for an injunction restraining any person from alienating, destroying, wasting, damaging or otherwise
injuriously dealing with any property the subject of the proceeding.

(2) Upon receiving an application under this rule the court may examine the applicant and if it is
satisfied that grounds exist for ordering an injunction the court may make such order.

(3) Every order made under this rule shall be served on the person having possession of the
property and on such other persons as the court may think fit.

Compiled by
MAHENA FRANCOIS
 (4) Where the court is satisfied that an order under subrule (3) would be likely to be
contravened or that any such order which it has made is being or is likely to be contravened, it may in its
discretion order that the custody of the property be given to the court or an officer of the court.

(5) Where the court orders that the custody of the property be given to the court or an officer of
the court, all costs and charges incurred in storing the property or maintaining it in good condition, shall
be paid by such person as the court may order.

(6) Where the property is of a perishable character, the court may direct an officer of the court
to sell the property either by public auction or by private treaty as the court may deem fit, and all costs
incurred by such sale or disposal shall be paid out of the proceeds of the property.

(7) The court may at any time for good cause vary or rescind any order made under this rule.

Summonses and Service (rules 18-19)

18. Summons

(1) When a proceeding has been instituted, the court shall issue a summons requiring the
defendant to appear and answer the claim at the time and place mentioned in such summons, and shall
cause the same to be served on the defendant.

(2) Every summons issued under this rule shall state briefly the nature of the claim.

19. Service

(1) Subject to the provisions of subrule (2), a summons or any other document required to be
served under these Rules shall be served on the defendant personally or, if he has an agent authorised
to accept service, on such agent.

(2) Where the court is satisfied that personal service cannot be effected or cannot be effected
without undue delay and expense, it may direct that the summons or document be served either by
post or by leaving it with an adult male member of the family of the defendant or with some adult male
servant residing with him, or with his employer, or by affixing a copy of the summons or document on
some conspicuous part of the last known residence of the defendant and another copy thereof on the
court notice-board.

(3) Service under subrule (2) may be proved–

(a) in the case of service by post, by evidence that a postal packet was received by the
defendant, supported by a certificate of an officer of the court that the postal packet contained the
summons;

(b) in any other case, by the affidavit or evidence on affirmation of the person who effected
the service.

Appearance and Consequences of Non-Appearance (rules 20-30)

20. Parties to appear on the day fixed in summons

Compiled by
MAHENA FRANCOIS
 On the day fixed in the summons for the defendant to appear and answer, the parties shall
attend at the court together with such witness as the defendant may wish to call on behalf and the
proceeding shall be heard, unless the hearing is adjourned to a future day fixed by the court.

21. Representation

When any party to a suit appears by a relative or member of his household and it appears to the
court that for the purpose of arriving at a just decision in the matter it is necessary for the party to
appear in person, it shall adjourn the hearing to another day and direct such party to appear on such
day.

22. Where neither party appears proceeding may be dismissed

Where neither party appears when the proceeding is called for hearing, the court may order
that the proceeding be dismissed or may adjourn it to another day, and shall direct that notice of such
adjourned hearing be served on the parties.

23. When claimant only appears

Where the claimant appears and the defendant does not appear when the proceeding is called
on for hearing, then–

(a) if the court is satisfied that the summons was duly served, the court may permit the
claimant to prove his case by adducing such evidence as he may have in support of his claim and the
court may, if it is satisfied that the claimant has proved his claim, give its decision in the absence of the
defendant:

Provided that where the court is not satisfied that the summons was served on
the defendant in sufficient time to enable him to appear and answer on the day fixed in the summons,
or where the court is satisfied that other circumstances exist which may have rendered it difficult for the
defendant to appear and answer, the court shall adjourn the hearing to a future day to be fixed by it and
shall direct that notice be given to the defendant;

(b) if the court is not satisfied that the summons was duly served, the court shall direct that
a second summons be issued and served on the defendant.

24. Where defendant appears

Where the defendant appears and the claimant does not appear when the only proceeding is
called on for hearing, the court shall order that the proceeding be dismissed, unless the defendant
admits the claim or any part thereof, in which case the court shall make such order as may be
appropriate.

25. Procedure in case of non-attendance of one or more of several claimants

Where there are more claimants than one, and one or more of them appear and the others do
not appear, the court may, if it is of the opinion that no injustice will thereby be caused, permit the
hearing to proceed as if all the claimants had appeared, or make such order as it thinks fit.

26. Procedure in case of non-attendance of one or more of several defendants

Compiled by
MAHENA FRANCOIS
 (1) Where there are more than defendants than one who have been duly served, and one or
more of them appear and the others do not appear, the hearing shall proceed and the court shall, at the
time of giving its decision, make such order as it thinks fit with respect to the defendants who did not
appear:

Provided that where the court is satisfied that although the summonses were duly served on the
defendants who have failed to appear, such service on them or any of them was not in sufficient time to
enable them to appear and answer on the day fixed in the summons or if the court is satisfied that other
circumstances exist which may have rendered it difficult for the defendants or any of them to appear
and answer, the court shall postpone the hearing to a future day to be fixed by it and shall direct that
notice be given to the absent defendants.

(2) Where there are more defendants than one and one or more of them appear and the court
is not satisfied that the summons was duly served on the remaining defendants, the court may either
postpone the hearing to a future day to be fixed by it, directing that notice be given to the absent
defendants, or may permit the hearing to proceed in relation to those defendants only who have
appeared.

27. When party ordered to appear in person fails to do so

Where a claimant or defendant who has been ordered to appear in person, does not so appear,
the court may proceed under such of the foregoing rules relating to the non-appearance of parties as
may be appropriate.

28. Restoration of proceeding

Where a proceeding has been dismissed by reason of the non-attendance of the claimant, the
claimant may, subject to the provisions of any law for the time being in force relating to the limitation of
proceedings, bring a fresh proceeding or he may apply for an order to set aside the dismissal, and if the
court is satisfied that it is reasonable having regard to all the circumstances of the case to make such
order, the court shall make an order setting aside the dismissal and shall appoint a day for the hearing of
the proceeding.

29. Setting aside ex parte proof

Where a court has given leave for a claimant to prove his claim in the absence of the defendant
and the defendant appears at any time before the proceeding is decided and gives a reasonable
explanation for his previous non-appearance, the court shall commence the hearing afresh:

Provided that it shall not be necessary to record the evidence again which has already been
recorded, if that evidence is read over to and confirmed by the person who gave it.

30. Setting aside ex parte decision

(1) Where a claim has been proved and the decision given against a defendant in his absence,
the defendant may, subject to the provisions of any law for the time being in force relating to the
limitation of proceedings, apply to the court for an order to set aside the decision and if the court is
satisfied that the summons was not duly served, or that the defendant was prevented by any sufficient

Compiled by
MAHENA FRANCOIS
cause from appearing when the proceeding was called on for hearing, the court shall make an order
setting aside the decision as against such defendant upon such terms as it shall think fit.

(2) Where an application is made under this rule, the court shall appoint a day for the hearing of
the application and shall give the claimant and other parties to the proceeding, if any, notice of such
hearing.

Summoning of Witnesses (rules 31-41)

31. Witness summons

At any time after a proceeding is instituted either party may apply to the magistrate, justice or
court clerk for the issue of summonses to persons whose attendance is required either to give evidence
or to produce documents.

32. Fees and expenses

(1) The party applying for a witness summons shall, before the summons is granted, pay into
court the prescribed fees and in addition thereto deposit into the court such sum of money as appears
to the magistrate, justice or court clerk to be sufficient to defray the travelling and other expenses of the
person summoned:

Provided that no deposit in respect of travelling expenses shall be required where a witness lives
within three miles of the court which he is required to attend.

(2) Where it appears to the magistrate, justice or court clerk that any sum deposited under
subrule (1) will not be sufficient to cover the expenses of a witness, the party calling the witness may be
required to deposit such further sum as appears to be necessary and in default of payment the
magistrate may withdraw the summons and release the witness.

(3) Where the sum deposited by any party for the expenses of a witness are not sufficient to
cover the expenses actually and properly incurred, the court may direct that party to pay the balance
required and in default of payment may order that such amount be levied by attachment and sale of his
movable property.

33. Scale of expenses

Every witness summoned by a court who is not ordinarily resident within three miles from such
court or who is so sick or infirm as to need transport, shall be entitled to be paid expenses in accordance
with the scale prescribed in the First Schedule.

34. Payment of expenses

Every witness who is entitled to be paid his expenses shall be paid the same as soon as possible
after his release by the court or the close of the hearing, whichever is the earlier.

35. Particulars to be stated in summons

Compiled by
MAHENA FRANCOIS
 Every summons for the attendance of a person to give evidence or to produce document shall
specify the time and place a at which he is required to attend, and when he is required to produce a
document, it shall be described in the summons with reasonable accuracy.

36. Persons present in court may be called as witnesses

Any person present in court may be required by the court to give evidence or to produce any
document then and there in his possession.

37. Where court calls any witness of its own

Where the court calls a witness of its own motion it may direct that the expenses, if any, in
respect of such witness be paid by any of the parties to the motion proceeding or by all parties in such
proportions as it may think fit.

38. Duty of persons summoned

Whoever is summoned to appear and give evidence in a proceeding shall be under a duty to
attend at the time and place named in the summons for that purpose and whoever is summoned to
produce a document shall be under a duty either to attend to produce it, or to cause it to be produced,
at such time and place:

Provided that a witness shall be excused for not attending if he has not been summoned in
sufficient time to allow a reasonable period for preparation and travel to the place where he is required
to attend.

39. Time when witness may depart

A person summoned and attending the court as a witness shall, unless the court otherwise
directs, attend each day until the close of the hearing.

40. Failure of witness to comply with summons

(1) Where any person fails to comply with a witness summons and the court is satisfied that he
was duly served in sufficient time to enable his compliance, the court may, if it thinks fit, issue a warrant
directing an officer of the court to arrest the witness and produce him before the court.

(2) Where a witness has been arrested under the provisions of subrule (1) and his evidence
cannot conveniently be taken when he is brought before the court, the court may release him on
security being given to the satisfaction of the court that he will appear when required or, and in default
of security, may order him to be detained in custody as a civil prisoner.

41. Where a party required to give evidence or to produce document

Where any party to a proceeding is required to give evidence or to produce a document, the
provisions as to witnesses shall apply to him so far as they are applicable.

Taking of Evidence otherwise than at Hearing (rules 42-43)

42. Power to examine witness immediately

Compiled by
MAHENA FRANCOIS
 (1) Where a witness is about to leave the jurisdiction of the court, or other sufficient cause is
shown, the court may, upon the application of any party or of the witness, at any time after the
institution of the proceeding, fix a convenient day for the taking of the evidence of such witness and on
the day so fixed shall proceed to take the evidence of the witness in the manner hereinafter provided.

(2) Notice of the day fixed for the examination of a witness under this rule shall be given to the
parties.

43. Request to another court to take evidence

(1) Where a witness is resides at such distance from the court that his attendance at the hearing
would involve undue delay, expense or inconvenience, the court may, upon the application of any party
or of the witness, request any other primary court in Tanzania which is situate reasonably near the place
where the witness is resides, and thereupon that court shall have power to summon the witness before
it and take his evidence and remit it to the court which made the request.

(2) Any evidence so taken shall be read at the hearing of the proceeding and shall form part of
the record.

Procedure at Hearing (rules 44-50)

44. Admissions and denials

At the first hearing of a proceeding the court shall ascertain from each party whether he admits
or denies the allegations made against him by the other party and shall record all admissions and denials
and shall decide and record what matters are in issue.

45. Order of evidence

(1) The evidence shall be given in such order as the court directs:

Provided that, unless the court otherwise directs, the claimant shall first state his case and
produce the evidence in support of it and the defendant shall then state his case and produce the
evidence in support of it.

(2) At the conclusion of the evidence, the parties may, if they wish, address the court: the
defendant first and then the claimant.

46. Taking and recording of evidence

(1) The evidence of each witness shall be taken orally in open court.

(2) The evidence of each witness shall be given on affirmation save in the case of a child of
tender years, who in the opinion of the court, does not understand the nature of the affirmation.

(3) The substance of such evidence shall be recorded in Kiswahili by the magistrate, and after
each witness has given evidence the magistrate shall read over his evidence to him and shall record any
amendments or corrections. The magistrate shall certify at the foot of such evidence, that he has
complied with this requirement.

47. Examination and cross-examination

Compiled by
MAHENA FRANCOIS
 (1) A witness shall first be questioned by the party who called him.

(2) Each party shall be entitled to cross-examine the witnesses called by the other party.

(3) The court may question any witness at any time.

48. Power to deal with evidence taken before another magistrate

(1) Where a magistrate is prevented by death, transfer or other cause from concluding
the trial of a proceeding, his successor may, if he thinks fit and no objection is raised by any of the
parties, continue the proceeding from the stage at which his predecessor left it and treat the evidence
on the record as if the same had been given before and taken down by him.

(2) Where in the opinion of the successor in office it is undesirable to proceed under subrule (1)
or where any of the parties object to such a course, the hearing shall be commenced afresh.

49. Court may recall any witness

The court may at any stage of a proceeding recall for further examination any witness who has
been examined.

50. Inspection of property

The court may either on the application of a party or of its own motion at any stage of a
proceeding, inspect any property or thing concerning which any question has arisen or may arise.

Adjournments (rule 51)

51. Power to adjourn

The court may, of its own motion or on application by any party at any stage of a proceeding,
and from time to time, adjourn the hearing of the proceeding to a day fixed by it.

Decision (rules 52-55)

52. Recording of compromise

At any stage of a proceeding, if the court is satisfied that the proceeding has been adjusted
wholly or in part by any lawful agreement or compromise the court shall in the presence of the parties
record such agreement or compromise and when recorded it shall have the same effect as if it were a
decision of the court.

53. Form and pronouncement of decision

(1) At the conclusion of the hearing or on a later day fixed by the court, the court shall give its
decision.

(2) Every decision shall–

(a) be in writing;

(b) be signed by the magistrate who heard the proceeding;

Compiled by
MAHENA FRANCOIS
 (c) be pronounced in open court; and

(d) be dated as of the day on which it is pronounced.

(3) A decision once signed shall not afterwards be altered:

Provided that clerical or arithmetical mistakes or errors arising from any accidental slip or
omission, may be corrected before the close of the proceedings and in the presence of the parties.

(4) A decision shall be pronounced by the magistrate who heard the proceeding:

Provided that a decision written and signed by the magistrate who heard the proceeding may be
pronounced by his successor in office.

(5) After pronouncing the decision, the Court shall inform the parties of their right of appeal.

54. Inquiry as to means of satisfying decision

(1) After pronouncing its decision, the Court shall examine the person against whom the
decision was given–

(a) where the decision contains an award or order for the payment of money or
compensation in kind, as to his means of satisfying the award or order and as to his attachable property;

(b) where the decision contains an order for possession of land or for the restitution of any
movable property, as to the person or persons in occupation of the land or in actual possession of the
property, as the case may be, and the terms and conditions of such occupation or possession, and shall
record his replies.

(2) At such examination, the person in whose favour the award or order was made shall be
permitted to question the person against whom it was made.

(3) At the conclusion of the examination, the court shall fix a day on or before which the money
or compensation is to be paid, or where the money or compensation is to be paid by installments, the
amount of the installments and the days on which they are to be paid, or where land or property is to be
delivered, the time and place at which such delivery is to be made, as the case may be, and shall inform
the person against whom the award or order was made of the consequences of default.

(4) The Court may from time to time for good cause vary any order made under subrule (3).

55. Modes of paying amount awarded

(1) Money awarded or ordered to be paid shall be paid–

(a) to the party to whom the money was awarded; or

(b) into the Court which gave the decision or order; or

(c) as the Court may direct.

(2) Where money is paid into the court under subrule (1), the Court shall, on application
therefor, pay out the same to the party entitled thereto.

Compiled by
MAHENA FRANCOIS
PART III

EXECUTION (rules 56-85)

Manner of Enforcement of Awards and Orders (rules 56-61)

56. Enforcement of awards and orders for payment of money

When a court has made an award or order for the payment of money and such money has not
been paid, the award or order may be enforced by the court by attachment and sale of the property of
the judgment debtor:

Provided that where property sought to be attached and sold is–

(a) a share in the capital of a company, co-operative society or other corporation; or

(b) the judgment-debtor's share in any partnership property or profits, not being a share
liable to attachment and sale under the provisions of rule 57,

the court shall, with the consent of the district court having jurisdiction, transfer the application for
execution to the district court, which shall proceed in accordance with the provisions of the Civil
Procedure Code *.

57. Execution of an order against a firm

Where an award or order for the payment of money has been made against a firm whether the
proceedings were in the name of the firm or the names of the partners, it may be executed by the
attachment and sale of the property of the firm or the property of any of the partners who appeared on
behalf of the firm or who was personally served with a summons.

58. Restitution and delivery of property

(1) Where a court has made an award or order for the possession of land or for the restitution of
any movable property and the person in occupation of the land or in actual possession of the property
refuses or fails to deliver up the same, the party to whom it was awarded may apply to the court to
enforce the order.

(2) Where the land is in the occupation or the property is in the actual possession of the person
against whom the award or order was made, the court shall, on receipt of an application under subrule
(1), direct an officer of the court to evict such person and any members of his household who may be on
the land, or to seize the property, as the case may be, and to deliver the same to the party to whom it
was awarded.

(3) In any other case, the court shall, on receipt of an application under subrule (1), summon the
person in occupation of the land or in actual possession of the property to appear and show cause why
he should not be evicted from the land or disposed of the property, as the case may be, and shall cause
notice of the day and time of the hearing to be served on the party to whom the land or property was
awarded and on any other person whom it has reason to believe to have any interest in the land or
property.

Compiled by
MAHENA FRANCOIS
 (4) If the person in occupation of the land or in actual possession of the property fails to appear
or having appeared fails to show cause to the contrary, the court may direct an officer of the court to
evict such person from the land or to seize the property, as the case may be and to deliver the same to
the party to whom it was awarded.

(5) Where the person in possession of land is a tenant of the party against whom the award or
order was made or satisfies the court that there is good reason why he should not be evicted, or why
the property should not be seized, as the case may be, the court shall make such order as may be
appropriate.

59. Entry into dwelling houses

(1) No person executing any order under these Rules shall enter any dwelling house between
sunset and sunrise, except with the consent of the householder.

(2) No outer door or window of a dwelling house shall be broken open unless such dwelling
house is in the occupation of the judgment debtor and he refuses or in any way prevents access thereto,
but when the person executing any such order has duly gained access to any dwelling house, he may
break open the door of any room in which he has reason to believe any property to be which he has
been directed to seize.

(3) Where a room in a dwelling house is in the actual occupation of a woman who, according to
her religion or local custom does not appear in public, the person executing the order shall give notice to
such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw
and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing
any property, using at the same time every precaution, consistent with these provisions to prevent its
clandestine removal.

60. Persons authorised to execute warrant

Where any property is to be attached or sold or any person is to be evicted from any land or any
property is to be seized or any other order is to be enforced, the court may direct its warrant to and the
warrant shall be executed by–

(a) a court broker appointed under the Attachment and Sale (Brokers and Fees) Rules; or

(b) any other person, whether or not an officer of the Government or of a local
Government authority, whom the court may think it necessary or desirable to appoint.

61. Charges payable

(1) The charges prescribed in the Second Schedule shall be payable in connection with the
enforcement of awards and orders, and shall be additional to any court fees payable.

(2) Where the person to whom a warrant is directed is an officer of the Government, the
charges payable under this rule shall be paid into the general revenue and in any other case the charges
shall be paid to the person to whom the warrant was directed as his remuneration.

Attachment (rules 62-71)

Compiled by
MAHENA FRANCOIS
62. Application for attachment

If any money payable under an award or order has not been paid on or before the day fixed by
the court under rule 54(3), the judgment creditor may apply ex parte to the court for the attachment of
the attachable property of the judgment debtor.

63. Issue of warrant of attachment G.N. No. 119 of 1983

(1) On receipt of an application for attachment, the court shall, if satisfied that the award or
order has not been satisfied and that the property specified in the application is attachable, issue a
warrant of attachment:

Provided that no warrant of attachment shall be issued in respect of–

(a) any land used for agricultural purposes by a village, an ujamaa village, a co-operative
society, or an individual wholly dependent upon the use of such land; and

(b) any residential house or building occupied by the judgment debtor, his wife or
dependent children for residential purposes.

(2) Every warrant of attachment shall contain–

(a) the name of the court which the award or order was made and the number of the
proceeding;

(b) the names of the parties;

(c) the amount of money awarded or ordered to be paid and any costs payable;

(d) a description of the property attached, in sufficient detail to enable it to be identified;

(e) a statement that the owner of the property is prohibited from transferring or charging it
in any way.

64. Service of warrants

(1) Every warrant of attachment shall as soon as practicable be served–

(a) where the attachment is of wages or salary, on the employer of the person against
whom the award or order was made;

(b) when the attachment is of a debt, on the debtor;

(c) where the attachment is of property in the possession of some person other than the
judgment debtor, on that person; and

(d) in any other case, on the person whose property is attached.

(2) A copy of every warrant of attachment shall, where the property attached is a building, be
posted on the main door thereof.

65. Seizure of property

Compiled by
MAHENA FRANCOIS
 Where movable property has been attached, it shall as soon as practicable be seized by an
officer of the court:

Provided that growing crops shall not be seized before the time when they are ready to be cut
or gathered, and the court may in its discretion order the judgment debtor to cut or gather the crops,
when ready, and deliver them to the officer of the court, subject to such conditions as the court may
think fit to impose.

66. Storage of property seized

The court shall make such arrangements as may be convenient for the proper storage of
property seized under attachment:

Provided that where the property is liable to deteriorate, the court may order its immediate
sale:

And provided further that before seizing cattle, the court may require the judgment-creditor to
provide for the care and sustenance of such cattle while they are in the custody of the court.

67. Disposal of coin or currency notes

When current coin or currency notes have been attached, the court may direct that such coin or
notes or such part thereof as may be sufficient to satisfy the award or order be paid over to the
judgment-creditor.

68. Special provisions regarding wages or salary

An employer who has been served under rule 64(1)(a) with a warrant attaching part of the
wages or salary of a judgment debtor, shall withhold such part as directed by the warrant and forthwith
remit it to the court:

Provided that where the employer is already withholding part of the wages or salary of the
judgment debtor under any other order and the amounts directed to be withheld would in the
aggregate exceed the limit imposed by paragraph 3(3)(c) of the Fourth Schedule to the Act, the
employer shall return the warrant to the court with a report and thereupon the court shall make such
order as may be appropriate.

69. Objection to attachment by party to proceedings

A judgment debtor who claims that any property which has been attached is not attachable
property or is not his property, may apply to the court to rescind or vary the warrant of attachment and
thereupon the court shall proceed to investigate the claim and may make such order as may be
appropriate:

Provided that no warrant of attachment shall be rescinded or varied unless the judgment-
creditor has been given an opportunity of being heard.

70. Objection to attachment by other persons

Compiled by
MAHENA FRANCOIS
 (1) Any person, other than the judgment debtor, who claims to be the owner of or to have some
interest in property which has been attached by the court may apply to the court to release the property
from the attachment, stating the grounds on which he bases his objection.

(2) On receipt of an application under subrule (1), the court shall fix a day and time for hearing
the objection and shall cause notices thereof to be served upon the objector, the judgment-creditor and
the judgment debtor.

(3) No order for the sale of such property shall be made until the application has been
determined and if any such order has been made, it shall be postponed.

(4) On the day fixed for the hearing, the court shall investigate the objection and shall receive
such evidence as the objector, the judgment-creditor and the judgment debtor may adduce.

(5) If the court is satisfied that the property or any part of it does not belong to the judgment
debtor, it shall make an order releasing it, or such part of it, from the attachment.

71. Rescission of attachment

(1) Where property has been attached in execution of an award or order and–

(a) the amount awarded or ordered and all charges and expenses in connection with the
attachment are paid into court; or

(b) the court is informed by the judgment-creditor that he no longer wishes to enforce the
award or order; or

(c) the award or order is set aside by an appellate court or a court exercising powers of
revision,

the court shall order that the attachment be rescinded.

(2) Where property has been attached in execution of an award or order and the court is unable,
by reason of the judgment-creditor's default, to proceed with the execution, it may, unless it thinks fit to
adjourn the proceedings or after any adjournment, order that the attachment be rescinded.

(3) When an attachment has been rescinded, the court shall cause notice of such rescission to
be served on every person who was served with the notice of the attachment.

Sale in Execution (rules 72-85)

72. Application for and order for sale

At any time after the expiration of fifteen days from the date of service of a warrant of
attachment (other than a warrant of attachment of wages or salary or of a debt), or the seizure of the
property attached, whichever is the earlier, the judgment-creditor may apply ex parte for the sale of the
property attached or any part thereof and thereupon the court may make an order for sale:

Provided that where the property is capable of being divided into lots, the court shall only order
the sale of so much of the property as it considers necessary to realise the amount due to the judgment
creditor and the necessary expenses.

Compiled by
MAHENA FRANCOIS
73. Contents of order for sale

(1) An order for sale shall specify as fairly and accurately as possible–

(a) the name of the court and the number of the proceeding;

(b) the property to be sold;

(c) the day and time of the sale;

(d) the place where the sale is to be held;

(e) the person appointed to conduct the sale;

(f) the amount to be realised;

(g) any incumbrance to which the property is subject or other matter material for a
purchaser to know in order to judge the nature and value of the property.

(2) For the purpose of ascertaining the matters to be specified in the order, the court may
summon and examine any person and require him to produce any document in his possession relating
thereto.

74. Posting and advertisement of order

(1) The court shall cause copies of the order for sale to be posted–

(a) on the court notice-board;

(b) where the property to be sold is a building, on the main door thereof; and

(c) on such other public place, if any, as the court may direct.

(2) The person appointed to conduct the sale shall cause the date and time of sale to be
advertised by such means as are used locally to make public pronouncements or by publication in a
newspaper having a substantial local circulation, whichever may be appropriate.

75. Time of sale

Subject to the provisions of rule 66, no sale of immovable property shall take place until after
the expiration of thirty days from the day of issue of the order for sale.

76. Adjournment

(1) The court may in its discretion adjourn the sale to another day and time.

(2) The person appointed to conduct the sale may, if he considers it necessary, adjourn the sale,
in which case he shall report the adjournment and the reason therefor to the court, which shall appoint
a fresh day and time.

(3) If any sale is adjourned for more than thirty days, it shall be re-advertised.

77. Conduct of sale

Compiled by
MAHENA FRANCOIS
 Every sale in execution shall be by public auction, except where the property is of a kind the
manner of sale of which is regulated by law or unless the court, for reasons to be recorded, otherwise
orders.

78. Stoppage of sale

(1) A sale shall be stopped if the amount of the award and all costs, including the expenses of
the sale, are tendered in cash by the judgment debtor to the person conducting the sale or proof is
given to his satisfaction that the same have been paid into court.

(2) Where a sale comprises two or more lots, it shall be stopped as soon as the amount of the
award and all costs, including the expenses of the sale, have been realised or at any time if the balance
then outstanding is tendered in cash by the judgment debtor to the person conducting the sale.

79. Purchase by judgment-creditor

A judgment-creditor shall not, without the leave of the court, be entitled to bid for or buy
property offered for sale in execution.

80. Payment by purchasers

(1) Where movable property is sold, the purchase price, or the price of each lot, as the case may
be, shall be paid in cash at the time of sale or as soon thereafter, before the conclusion of the sale, as
the person conducting the sale may allow.

(2) Where immovable property is sold, one quarter of the purchase price shall be paid in cash as
a deposit at the time of sale and the balance shall be paid in cash into court within fifteen days
thereafter.

(3) Where a judgment-creditor with the leave of the court, buys property sold in execution, the
amount to be realised and the purchase money may be set off one against the other, and the balance, if
any, due from the judgment-creditor, shall be paid forthwith, in the case of movable, property or within
fifteen days, in the case of immovable property.

81. Application by purchase money

(1) Money realised by a sale in execution shall be paid into court and shall be applied–

(a) first, in payment of the expenses of the sale;

(b) then, in or towards satisfaction of the award or order being executed and costs,

and the balance, if any, shall be paid to the judgment debtor:

Provided that money realised by the sale of immovable property shall not be paid out until after
the expiration of thirty days.

(2) Where property has been attached by a court in two or more proceedings or where the court
which has ordered the sale has noticed that such property has been attached by any other court, the
proceeds of sale shall be applied in satisfaction of all the awards or orders or where they cannot all be
satisfied, shall be divided pro rata between the judgment-creditors.

Compiled by
MAHENA FRANCOIS
82. Default by purchasers

(1) When the successful bidder for movable property fails to pay the balance of the purchase
money within the prescribed period, the sale shall be cancelled, the deposit paid shall be forfeited and
the property shall as soon as practicable be re-offered for sale.

(2) Where the successful bidder for movable property fails to pay the purchase money or where
the successful bidder for immovable property fails to pay the deposit at the appointed time, the
property shall immediately be re-offered for sale.

(3) A deposit forfeited under subrule (2) shall be applied first in the payment of the expenses of
the cancelled sale and the balance, if any, shall be paid into the general revenue: Provided that if the
defaulting bidder can satisfy the court that there was a reasonable excuse for his failure to pay the
balance of the purchase money, the court may order that the balance of the deposit, after the payment
of expenses, be refunded to him.

83. Liability for fees where no sale is effected

Where an auction sale is held but the property, or any lot, is unsold, the judgment-creditor shall
be liable to pay the expenses of the sale but any amount so paid shall be recoverable by him from the
judgment debtor as if it were part of the award or order.

84. Delivery of property sold in execution

(1) Where movable property has been sold, it shall be delivered to the purchaser on payment in
full of the purchase price.

(2) Where immovable property has been sold, the court shall, if no application has been made
within thirty days to set aside the sale, issue to the purchaser a certificate specifying the property sold
and certifying that the interest of the judgment debtor in that property has been transferred to the
purchaser:

Provided that where it is provided by any law that a disposition of immovable property shall be
of no effect or shall be inoperative without the approval or consent of some person or authority other
than the court, the court shall not issue a certificate under this rule unless such approval or consent has
first been obtained.

(3) A purchaser of immovable property to whom a certificate has been issued under this rule
shall thereupon be entitled to possession of the property:

Provided that where the property is in the possession of a bona fide tenant, the rights and
obligations which previously applied as between the judgment debtor and the tenant shall continue to
apply as between the purchaser and the tenant.

(4) For the purposes of this rule, growing crops shall be deemed to be movable property but the
court shall make such order as may be convenient or in accordance with local custom regarding the time
at which and the person by whom such crops are to be reaped.

85. Setting aside of sale in execution

Compiled by
MAHENA FRANCOIS
 (1) On application made within thirty days by any person affected or of its own motion, the
court may set aside a sale of immovable property if it is satisfied–

(a) that there has been fraud or material irregularity in the proceedings leading up to, or in
the conduct of, the sale; or

(b) that the judgment debtor had no saleable interest in the property sold:

Provided that no sale shall be set aside unless the judgment-creditor, the judgment debtor, the
purchaser and any other person affected have been given an opportunity to be heard and produce
evidence.

(2) For the purpose of satisfying itself as to any matter for the purposes of this rule, the court
may summon and examine any person and require him to produce any document in his possession
relating thereto.

(3) Where a sale has been set aside under this rule, the purchaser shall be entitled to receive
back any moneys paid by him.

FIRST SCHEDULE

EXPENSES PAYABLE TO WITNESSES

(Rule 33)

A. Travelling Expenses

(a) Where the journey is one that can reasonably conveniently be made by omnibusThe
amount of the omnibus fare.

(b) Where the journey is not one that can reasonably conveniently be made by omnibus but
can be made by train The amount of the train fare.

(c) Where the journey cannot reasonably conveniently be made by omnibus or train but
can be made by road The actual expenses, but not exceeding Shs. 0.75 per mile, where the witness
uses his own vehicle or Shs. 1.00 per mile when he uses hired transport.

(d) In any other case Such amount as the Registrar of the High Court may allow

The amount of any omnibus or train fare shall be the fare by the class to which the witness is
entitled under the following table–

If the annual income of the witness–

(a) does not exceed

Compiled by
MAHENA FRANCOIS
Shs. 6,000 By omnibus

Lower Class By train

3rd Class

(b) exceeds Shs. 6,000 but does not exceed Shs. 16,000 Upper Class 2nd Class

(c) exceeds Shs. 16,000 Upper Class 1st Class

B. Subsistence Allowance

1. In respect of every night which the witness has necessarily to spend away from the place
where he resides, for accommodation and subsistence for twenty-four hours:

if his annual income– Shs. Cts

(a) Does not exceed Shs. 3,000 6 00

(b) Exceeds Shs. 3,000/- but does not

exceed Shs. 6,000 10 00

(c) Exceeds Shs. 6,000 but does not

exceed Shs. 12,000/- 20 00

(d) Exceeds Shs. 12,000/- but does not

exceed Shs. 16,000/- 30 00

(e) Exceeds Shs. 16,000/- but does not

exceed Shs. 24,000/- 35 00

(f) Exceeds Shs. 24,000 40 00

2. In respect of every day or part of a day in excess of six hours, not being included in any period
of twenty-four hours for which provision is made in paragraph 1, between the time when the witness
has to leave his residence or place of business to attend the court and the earliest time when can he
arrive back, for subsistence:

If his annual income: Shs. Cts

(a) Does not exceed Shs. 3,000 3 50

(b) Exceeds Shs. 3,000 but does not

Compiled by
MAHENA FRANCOIS
exceed Shs. 6,000 5 00

(c) Exceeds Shs. 6,000 but does not

exceed Shs. 12,000/- 10 00

(d) Exceeds Shs. 12,000/- but does not

exceed Shs. 16,000/- 15 00

(e) Exceeds Shs. 16,000/- but does not

exceed Shs. 24,000/- 17 50

(f) Exceeds Shs. 24,000 20 00

SECOND SCHEDULE

CHARGES PAYABLE IN CONNECTION WITH THE ENFORCEMENT OF AWARDS AND ORDERS

(Rule 61)

1. Where any warrant or order for the enforcement of an award or order is directed under rule
60(a) to a court broker appointed under the Attachment and Sale (Brokers and Fees) Rules, the charges
payable shall be those prescribed by those Rules or by the Arrest, Seizure and Possession (Bailiffs and
Fees) Rules, whichever may be appropriate.

2. In any other case, the charges payable shall be as follows–

Shs. Cts.

(a) For attaching any movable property and keeping possession thereof 25 00

(b) For attaching any immovable property 20 00

(c) For selling any movable property, for every Shs. 100 of the amount realised 5
00

but so that the fee shall not be less than Shs. 10.00

(d) For selling any immovable property, for every Shs. 100 of the amount realised:

(i) up to Shs. 2,000/- 5 00

but so that the fee shall not be less than Shs. 15.00

(ii) Over Shs. 2,000 2 00

(e) For holding an auction where no sale results 10 00

Compiled by
MAHENA FRANCOIS
 THE MAGISTRATES' COURTS (LIMITATION OF PROCEEDINGS UNDER CUSTOMARY LAW) RULES

(Section 71)

G.N. No. 311 of 1964

1. Citation

These Rules may be cited as the Magistrates' Courts (Limitation of Proceedings under Customary
Law) Rules.

2. Limitation of actions

No proceedings for the enforcement of a claim under customary law of a nature shown in the
second column of the Schedule hereto shall be instituted after the expiration of the corresponding
period shown in the third column of that Schedule, such period being deemed to commence on the day
when the right to bring such proceedings first accrued or on the day when these Rules come into
operation, whichever is the later.

3. Extension of periods of limitation

(1) Where a person was under the of age of 18 years or such other of age as the relevant
customary law confers capacity, or was insane when the right to bring the proceedings first accrued, the
period of limitation shall be calculated as though the date when the right of action first accrued had
been the date when he attained that age or recovered his sanity, as the case may be.

(2) Where after a right to bring proceedings has accrued the person against whom the
proceedings are brought has signed an admission in writing of the right of the person bringing the
proceedings, the period of limitation shall begin on the date of such admission.

(3) Where any proceedings are brought to recover money lent or money due for property sold
and delivered and, after the date when the right to bring the proceedings accrued, any payment has
been made on account, the period of limitation shall begin on the date of such payment, or, if there has
been more than one, the last of such payments.

(4) The court may, in its discretion, admit any proceedings after the expiration of the period of
limitation if it is satisfied that the person bringing such proceedings was unable, for sufficient cause, to
bring the proceedings earlier.

4. Exclusion of proceedings by Government

Nothing in these Rules shall apply to any proceedings brought by or on behalf of the Republic or
the Government.

5. Power of court to dismiss proceedings

Where any proceeding is brought for the enforcement of a claim under customary law for which
no period of limitation is prescribed by these Rules, the court may reject the claim if it is of the opinion

Compiled by
MAHENA FRANCOIS
that there has been unwarrantable delay in bringing the proceeding and that the just determination of
the claim may have been prejudiced by that delay.

SCHEDULE

Item No. Nature of Proceeding Period of Limitation

1. Applications to restore proceedings dismissed for non-appearance or to set aside decisions or

orders made ex parte 6 weeks

2. Proceedings for money lent or money due for property sold and delivered 3 weeks

3. Proceedings for damages for assault, trespass or other civil wrong 3 years

4. Proceedings for rent 3 years

5. Proceedings for damages for breach of contract or to enforce a contract, other than contracts of
or relating to enforce a contract, other than contracts of or relating to marriage, separation or divorce–

(a) if the contract is in writing 6 years

(b) if the contract is not in writing 3 years

6. Proceedings to recover possession of land or money secured on mortgage of land 12

years

7. Proceedings in execution of a decision or order 12 years

Compiled by
MAHENA FRANCOIS
 THE PRIMARY COURTS (ADMINISTRATION OF ESTATES) RULES

G.N. No. 49 of 1971

1. Citation

These Rules may be cited as the Primary Courts (Administration of Estates) Rules.

2. Interpretation

In these Rules, unless the context requires otherwise–

"Act" means the Magistrates' Courts Act *;

"administrator" means a person to whom a grant of administration has been made under these
rules, and includes an executor appointed by will to whom such grant has been made;

"Civil Procedure Rules" means the Magistrates' Courts (Civil Procedure in Primary Courts)
Rules;

"contention" in relation to a grant of administration, means the appearance of any person to

oppose the application for the grant;

"court" means a primary court;

"form" means a form prescribed in the Schedule to these Rules;

"will" means the legal declaration of the intentions of a testator with respect to his property
which he desires to be carried into effect after his death, and includes an oral will.

3. Application

An application for the appointment of administrator under paragraph 2(a) or 2(b) of the Fifth
Schedule to the Act shall be made in Form I.

4. Filing of will

(1) If, in any application under rule 3, it is averred that a will made by the deceased person
subsisted at time of his death, the officer of the court shall require the applicant to produce the will or, if
the will is not in his custody, to state in writing the name and address of the person for the time being
holding the will or, in the case of the will being alleged to have been lost, destroyed or mislaid to submit
a written version of the terms of the will together with an affidavit testifying to the correctness thereof.

(2) Where the applicant fails to comply with the requirements of subrule (1), the court may
presume that no will subsisted at the time of the death of the deceased person or, if the circumstances
of the case so warrant, that the will had been lost, destroyed or mislaid.

(3) If the applicant delivers to the officer of the court a document which he claims to be the will
of the deceased person, or to be the terms of such will, the officer shall forthwith make a copy thereof
and shall place the original document in safe custody.

Compiled by
MAHENA FRANCOIS
5. Notice of hearing

(1) As soon as may be after receiving an application under rule 3, the court shall inform the
applicant of the date fixed for the hearing of the application.

(2) Where the court intends to proceed of its own motion under paragraph 2(a) or 2(b) of the
Fifth Schedule to the Act, or receives an application under subrule (1) or rule 3, the court shall issue a
notice in the appropriate Form to all persons (other than the applicant) known or alleged to be the near
relatives of the deceased person or to have been named in his will as executors, requiring their
appearance in the court on such date and time as may be specified in the notice:

Provided that where any such person is a minor or is under a legal disability, the notice may be
addressed to his guardian or to the person with whom he may be residing.

(3) The provisions of rule 19 of the Civil Procedure Rules shall apply to the service of notice
under subrule (2) as they apply to service of summonses.

(4) The court may, if it considers, necessary cause the notice to be advertised by such means as
are used locally to make public announcements or by publication in a newspaper having a substantial
local circulation, whichever may be appropriate.

6. Absence of parties

(1) Where on the date fixed for the hearing of the application any applicant or any person to
whom a notice under subrule (2) of rule 5 had been issued fails to appear, the court may adjourn the
hearing or may at the request of any applicant or such person attending the court (provided he
expresses his willingness to undertake the administration of the estate) proceed to hear the application
and may, at the conclusion of the hearing, make an order granting or refusing to grant administration:

Provided that where the court is satisfied that any notice under subrule (2) of rule 4 has not
been duly served or had not been served sufficiently in advance of the hearing, it shall adjourn the
hearing.

(2) Where any person on whom a notice under subrule (2) of rule 5 has been served because of
his being the guardian of a minor or person under disability or of his being a person with whom a minor
or person under disability has been residing fails to appear on the date of hearing, the court may
proceed with the hearing or, if the minor or person under disability has no lawful guardian, adjourn the
hearing till a guardian has been appointed.

7. Grant of administration

(1) A grant of administration shall be made in Form III and shall state the property to be
administered.

(2) Every person who is granted administration under subrule (1) shall be required to sign an
undertaking in Form IV, and before signing the same, the terms of the undertaking shall be explained to
him by the court in a language which he understands.

Compiled by
MAHENA FRANCOIS
 (3) The court may require the person to whom administration is granted to give security for the
due administration of the estate and no grant shall take effect until such security has been given to the
satisfaction of the court.

(4) Where any of the heirs or beneficiaries of the estate is a minor or a person under disability,
without prejudice to any order made under paragraph 2(g) of the Fifth Schedule to the Act, not less than
two administrators shall be appointed.

8. Other matters to be decided by the court

Subject to the provisions of any other law for the time being applicable the court may, in the
exercise of the jurisdiction conferred on it by the provisions of the Fifth Schedule to the Act, but not in
derogation thereof, hear and decide any of the following matters, namely–

(a) whether a person died testate or intestate;

(b) whether any document alleged to be a will was or was not a valid or subsisting will;

(c) any question as to the identity of persons named as heirs, executors or beneficiaries in
the will;

(d) any question as to the property, assets or liabilities which vested in or lay on the
deceased person at the time of his death;

(e) any question relating to the payment of debts of the deceased person out of his estate;

(f) any question relating to the sale, partition, division or other disposal of the property and
other assets comprised in the estate of the deceased person for the purpose of paying off the creditors
or distributing the property and assets among the heirs or beneficiaries;

(g) any question relating to investment of money forming part of the estate; or

(h) any question relating to expenses to be incurred on the administration of the estate.

9. Revocation or annulment of grant of administration

(1) Any creditor of the deceased person's estate or any heir or beneficiary thereof, may apply to
court which granted the administration to revoke or annul the grant on any of the following grounds–

(a) that the administration had been obtained fraudulently;

(b) that the grant had been made in ignorance of facts the existence of which rendered the
grant invalid in law;

(c) that the proceedings to obtain the grant were defective in substance so as to have
influenced the decision of the court;

(d) that the grant has become useless or inoperative;

(e) that the administrator has been acting in contravention of the terms of the grant or
wilfully or negligently against the interests of creditors, herein or beneficiaries of the estate.

Compiled by
MAHENA FRANCOIS
 (2) Where any grant of administration is revoked–

(a) any payments already made bona fide to the administrator shall be a valid discharge to
the person making the same;

(b) the person who has been acting as administrator shall forthwith surrender the
document evidencing the grant and a full account of administration to the court;

(c) the court may order the person who has been acting as administrator to pay such
compensation for the loss or damage caused to the estate or any interest therein by his wilful acts or
negligence as the court may determine;

(d) the person who has been acting as administrator shall be entitled to retain and
reimburse himself out of the assets of the estate for any reasonable payments made by him bona fide in
the course of the administration of the estate; or

(e) the court may appoint any other person from amongst the heirs, executors or
beneficiaries of the estate to be the administrator of the estate.

10. Statement of assets and liabilities and accounts of the estate

(1) Within four months of the grant of administration or within such further time as the
liabilities court may allow, the administrator shall submit to the court a true and complete statement, in
Form V, all the assets and liabilities of the deceased persons' estate and, at such intervals thereafter as
the court may fix, he shall submit to the court a periodical account of the estate in Form VI showing
therein all the moneys received, payments made, and property or other assets sold or otherwise
transferred by him.

(2) The statement and accounts referred to in subrule (1) may, on application to the court, be
inspected by any creditor, executor, heir or beneficiary of the estate.

11. Application of Civil Procedure Rules

In relation to all matters not provided for in these Rules, the provisions of the Civil Procedure
Rules shall apply to proceedings under these Rules as they apply to other proceedings of a civil nature.

Compiled by
MAHENA FRANCOIS
 SCHEDULE

FOMU I

MAOMBI YA KUMTEUA MSIMAMIZI WA MIRATHI MBELE YA MAHAKAMA YA

MWANZO YA ...............................................................................................................

KATIKA ....................................................................................................................................

USIMAMIZI WA MIRATHI ..........................................................................................

DAAWA NA .................................................. LA 20.........

KATIKA SHAURI LA MIRATHI YA MAREHEMU ..............................................................

WA .........................................................................................................................

KATIKA SHAURI LA MAOMBI YA KUMTEUA MSIMAMIZI YALIYOLETWA

NA .........................................................................................................................

1. Mimi, .................................................... wa .......................................................

...................................................................................................................... naomba

kuteuliwa kuwa msimamizi wa mirathi ya marehemu .......................................................

..................................................... aliyeishi ................................................................

naye alifariki mahali .............................................. mnamo tarehe ................... 20.........

2. 1 Maandishi yanayoambatanishwa hapo nyuma yenye alama "A" ni wasia wa mwisho wa

marehemu huyo.

AU

2. 2 Marehemu huyo alieleza wosia wa mdomo maelezo yake na namna ulivyotolewa yakielezwa
katika hati ya kiapo ya ................................................... yenye taretehe ........................................ 20.........
inayoambatanishwa hapo nyuma yenye alama ya "A".

AU

2. 3 Marehemu huyo alifariki bila ya kutunga wosia na baada ya kutafuta kwa bidii kama
inavyostahili hakuna wosia ulioonekana.

3. Marehemu huyo aliwaacha ndugu zake walio hai (taja majina kwa kirefu na anwani).

....................................................................................................................................

....................................................................................................................................

Compiled by
MAHENA FRANCOIS
 4. Maombi haya yamefanywa na mimi kama (eleza sababu za kuomba) iwapo marehemu
alitunga wosia na mwombaji si aliyetajwa msimamizi katika wosia wala msimamizi aliyetajwa hajatoa
idhini yake, eleza jina na anwani ya msimamizi huyo na kwa nini idhini yake haijapatikana.

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

5. Naamini kuwa mali yote itakayokuwa katika mirathi hii itakuwa na thamani ya: (eleza aina ya
mali na thamani yake).

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

6. Marehemu alipofariki alikuwa mkaaji wa ..................................................................... na/au

alikuwa na mali katika eneo la mamlaka ya mahakama hii.

7. Marehemu alikuwa (eleza kabila lake) ..................................................................... na alikuwa

mfuasi wa dini ya .........................................................................................

8. Hakuna daawa lolote la kuthibitisha wosia wala kuomba kumteua msimamizi wala jambo
lingine linalohusika na mirathi ya marehemu huyo ambalo limeanzishwa mbele ya mahakama yo yote au
mamlaka yoyote wala katika nje ya Tanganyika.

Yaneapishwa na kutiwa sahihi ya huyo ..............................................................................

anayejulikana kwangu/aliyejulishwa kwangu na ..................................................................

mbele yangu ................................................................................................ hii leo tarehe

...................................... 20..........

Compiled by
MAHENA FRANCOIS
 FOMU II

Citation

KATIKA MAHAKAMA YA MWANZO YA ........................................................................

USIMAMIZI WA MIRATHI

NA. ................................................. 20........

Msimamizi wa mirathi ya marehemu ............................................................................

......................................................................................................................................

Kwa: ..................................................................

...............................................................................

...............................................................................

...............................................................................

Watu wote wanaodai kuwa na uhusiano wowote na mirathi ya marehemu huyo wanaalikwa
kuja na kuhudhuria kesi wakitaka mnamo tarehe .............................................. kabla huyo mwombaji
hajateuliwa kuwa msimamizi wa mirathi hiyo.

Wosia wa marehemu huyo upo mahakamani na waweza kukaguliwa.

Tarehe ...................................... 20........

...............................................

Sahihi ya Hakimu

FOMU III

Bond

KATIKA MAHAKAMA YA MWANZO YA .........................................................................

USIMAMIZI WA MIRATHI NA ................................................. YA 20........

Katika mirathi ya marehemu ......................................................................................

wa ...........................................................................................................................

Ijulikane kutokana na hati hii kuwa mimi .....................................................................

................................................................................................................................

wa ...........................................................................................................................

Compiled by
MAHENA FRANCOIS
 na mdhamini wangu wa kwanza, wa ...........................................................................

na wa pili .............................................. wa ........................................... tumetoa ahadi

ya pamoja kwa Serikali ya Jamhuri ya Tanzania, ya kulipa Shs. ......................

katika Mahakama ya Mwanzo ya ............................................................................ na

deni hilo liwe letu na warithi wetu, wasimamizi wetu na wakabidhiwa wetu.

Imetiwa sahihi leo tarehe .................................. 20....... Sharti ya fungu hilo ni kwamba iwapo
huyo

..................................................................................... anayetaka kuwa msimamizi

wa mali ya mirathi ya marehemu ....................................................................................

atatengeneza orodha ya kweli ya mali yote na kuionyesha mbele ya mahakama hii kabla miezi minne
haijapita tangu tarehe ya kuteuliwa msimamizi au kabla muda mwingine ambao Mahakama yaweza
kuweka kwa wakati wowote, na iwapo atasimamia vema na kuwa muaminifu kuhusu mali hiyo kwa
mujibu wa sheria, na zaidi ya hayo akileta katika Mahakama hii hesabu za kweli za mali hiyo, mapato na
matumizi yake kabla miezi minne haijapita au muda mwingine mahakama itakaouweka kwa wakati
wowote, na iwapo baki ya mali hiyo atakayokuwa nayo atawagawia watu ambao wana haki nayo kwa
mujibu wa sheria, basi kama atatimiza hayo ahadi iwe batili wala isitimizwe lakini kama hatimizi ahadi
hiyo iwe halali na iweze kutiwa nguvu.

Imetiwa sahihi na kutolewa na hao

.............................................................)

.............................................................) Sahihi ya Msimamizi

.............................................................) Sahihi ya Mdhamini

mbele yangu

Shahidi ...................................................... Sahihi ya Mdhamini

Compiled by
MAHENA FRANCOIS
 FORM IV

APPOINTMENT OF AN ADMINISTRATOR

(M.C.A. Cap. II, 5th Schedule Para. 2)

In the Primary Court of ..................................................................................................

Administration of the estate of .......................................................................................

On this ............................................................. day of ................................... 20.........

............................................................................................................. was appointed

administrator of ................................................................................ being the estate of

the late ........................................................................................................................

who died on the ...................................................... day of ...........................................

20..........., having undertaken well and faithfully to administer the estate as hereunder mentioned.

A copy of the will of the deceased is annexed and the estate is to be administered
accordingly.

Sgd ............................................................

Primary Court Magistrate

I/We hereby solemnly and sincerely declare that I/we will well and faithfully administer the
estate of the above named deceased person, paying his just debts and distributing the residue of his
estate according to law, and will keep true and fully detailed accounts of all and singular the estate and
effects of the deceased and of my/our dealing with the property and will produce them to the said court
whenever required.

Dated this ................................................ day of ........................................ 20.........

...........................................

Administrator

Compiled by
MAHENA FRANCOIS
 USIMAMIAJI WA MIRATHI

(S.M.M. 1963 Nyongeza ya 5 Fasili 2)

Mbele ya Mahakama ya Mwanzo ya ................................................................................

Usimamizi wa Mirathi ya ................................................................................................

Mnamo leo tarehe ..........................................................................................................

......................................................................................... ameteuliwa kuwa msimamizi

wa mirathi ya marehemu ..................................................................... aliyefariki mnamo

tarehe .................................................................. 20........ akiwa ameahidi kusimamia mirathi kwa wema

na uamunifu kama ilivyoelezwa hapo chini.

Mirathi isimamiwe kwa kufuata nakala ya wosia wa marehemu iliyoambatanishwa.

.......................................

Hakimu

Mimi/Sisi .................................... na/tunathibitisha kwa kiapo kuwa ni/tutasimamia kwa wema

na uaminifu mirathi ya marehemu aliyetajwa hapo juu, ni/tukilipa madeni yake ya haki na kugawa baki
ya mirathi yake kwa mujibu wa sheria, nami/nasi tutaweka hesabu kamili na za kweli za mali yote ya
mirathi na ya marehemu pamoja na jinsi ni/tutakavyofanya nayo nami/nasi ni/tutaonyesha hesabu hizo
mbele ya Mahakama hii siku yoyote zitakapotakiwa.

Imetiwa sahihi leo tarehe ............................................. 20.........

......................................

Msimamizi

Compiled by
MAHENA FRANCOIS
 FOMU V

ORODHA YA MALI

Inventory

Est. 5

Katika Mahakama ya Mwanzo ya ......................................................................................

Usimamizi wa Mirathi Na. ......................................................................... ya 20...........

Marehemu ...................................................................................................................

Tarehe ya kuteuliwa ..........................................................................................................

Mali:

Na. Maelezo ya mali Thamani

Mali isiyoondosheka

Fedha taslim

Fedha katika Benki

Hisa na Hati

Malipo ya Bima

Haki za Biashara

Madeni ya

kukusanya

Vyombo vya

nyumani

Vitu vya binafsi

Mali nyinginezo

Madeni:

Na. Maelezo Thamani

Majina ya wadai

Vitu vilivyowekwa

rehani

Madeni mengine

Compiled by
MAHENA FRANCOIS
 Gharama za

matibabu

Gharama za kuzikwa Jumla

Mimi ....................................................................................................... msimamizi wa

mirathi ya huyo ................................................................................... nathibitisha kuwa

orodha hii ya mali ya mirathi hiyo ni kweli kadri nijuavyo, niambiwavyo na nisadikivyo.

Yameapishwa na kutiwa sahihi ya huyo anayejulikana kwangu/aliyejulishwa kwangu na

...................................................................... mbele yangu .........................................

.............................................................. hii leo tarehe .................................... 20........

Imewasili Mahakamani leo tarehe ............................................ 20.........

.........................................

Sahihi ya Karani

Compiled by
MAHENA FRANCOIS
 FOMU VI

HESABU ZA MIRATHI

Account

Est. 6

Katika Mahakama kya Mwanzo ya ......................................................................................

Usimamizi wa Mirathi Na ......................................................................... ya 20............

Marehemu ....................................................................................................................

Tarehe ya kuteuliwa ..........................................................................................................

Mapato:

1. Thamani ya mirathi katika orodha ya mali.

2. Thamani hasa ya pesa zilizopatikana Shs. ...................

3. Hasara au faida wakati wa kuuza

Jumla ya Thamani .............................................................

Matumizi:

1. Gharama za kuzika

2. Madeni yaliyolipwa

3. Gharama za Usimamizi

4. Baki ya mirathi tayari kugawiwa.

Baki hiyo ya Shs. ................................................................... imegawiwa (au itagawiwa)

kati ya wafuatao wenye haki ya kupata:

Jina Ana Haki gani Kiasi

Mimi ............................................................................................. Msimamizi wa Mirathi

ya huyo ....................................................................................... nathibitisha kuwa hesabu

hizo ni kweli kadiri nijuavyo na nisadikivyo.

Yameapishwa na kutiwa sahihi ya huyo

..............................................................................

Compiled by
MAHENA FRANCOIS
anayejulikana kwangu/anayejulishwa kwangu )

.........................................

Sahihi ya Msimamizi

na ...........................................................................

mbele yangu ............................................................

...................................................................... hii leo

tarehe ............................................ 20........ )

Imewasili Mahakamani leo tarehe ............................... 20........

.........................................

Sahihi ya Karani

Compiled by
MAHENA FRANCOIS
 THE MAGISTRATES' COURTS (PRIMARY COURTS) (JUDGMENT OF COURT) RULES

(Section 71(1))

G.N. No. 2 of 1988

1. These Rules may be cited as the Magistrates' Courts' (Primary Courts) (Judgment of Courts)
Rules.

2. In these Rules unless the context requires otherwise–

"the court" means a primary court;

"magistrate" means primary court magistrate presiding over proceedings before the court;

"member of the court" means an assessor of the court and includes a magistrate.

3. (1) Where in any proceedings the court has heard all the evidence or matters pertaining to
the issue to be determined by the court, the magistrate shall proceed to consult with the assessors
present, with the view of reaching a decision of the court.

(2) If all the members of the court agree on one decision, the magistrate shall proceed to record
the decision or judgment of the court which shall be signed by all the members.

(3) For the avoidance of doubt a magistrate shall not, in lieu of or in addition to, the
consultations referred to in subrule (1) of this Rule, be entitled to sum up to the other members of the
court.

4. (1) Where after consultations in accordance with Rule 3 the issue is determined by the vote of
the majority, the magistrate shall proceed to record the decision or judgement of the majority which
shall be signed by the assenting members of the court.

(2) The dissenting member of the court shall give a brief statement specifying findings of fact
and the law, his decision on the issue and the reasons for it.

(3) The brief statement referred to in subrule (2) of this Rule shall be recorded by the magistrate
immediately below the decision or judgment of the majority and shall be signed by the dissenting
member.

Compiled by
MAHENA FRANCOIS