The Judicature and Application of Laws (Criminal Appeals and Revisions in Proceedings Originating from Primary Courts) Notice, 2021
Section 3 is titled “Interpretation” and appears under the General Administrative and Procedural Provisions, Part II.
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Section 3 is titled “Interpretation” and appears under the General Administrative and Procedural Provisions, Part II. This section is titled “Petition of appeal and application for revision.” This section concerns applications for leave to appeal made out of time. This section is titled “Hearing procedure” and sits in Part III on the hearing of appeals. Section 15 is titled “Adjournments.”
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Provisions of The Judicature and Application of Laws (Criminal Appeals and Revisions in Proceedings Originating from Primary Courts) Notice, 2021
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Interpretation
AI-assisted research summary: Section 3 is titled “Interpretation” and appears under the General Administrative and Procedural Provisions, Part II.
3. Interpretation. GENERAL ADMINISTRATIVE AND PROCEDURAL PROVISIONS PART II
Part
PART II
- 4 Verify source ↗
Petition of appeal and application for revision
AI-assisted research summary: This section is titled “Petition of appeal and application for revision.”
4. Petition of appeal and application for revision. - 10 Verify source ↗
Application for leave to appeal out of time
AI-assisted research summary: This section concerns applications for leave to appeal made out of time.
10. Application for leave to appeal out of time. - 12 Verify source ↗
Hearing procedure
AI-assisted research summary: This section is titled “Hearing procedure” and sits in Part III on the hearing of appeals.
12. Hearing procedure. PART III HEARING OF THE APPEAL 1 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) - 4 Verify source ↗
(1) An appeal to the appellate court under these Rules
AI-assisted research summary: Appeals and revision applications must be filed as a petition or chamber summons with specified contents and copies; in district court cases, a magistrate may allow oral grounds and must record them.
4.-(1) An appeal to the appellate court under these Rules and application shall be by way of a petition of appeal and shall- for revision (a) contain the names of the parties; (b) set out precisely and under distinct heads numbered the the grounds of appeal against consecutively decision or order appealed against; and (c) be signed and dated by the appellant or his agent. (2) An application for revision under these Rules shall be by way of chamber summons supported by an affidavit, stating the grounds for revision thereof. (3) The petition of appeal or the application for revision shall be filed in duplicate and such additional number of copies commensurate with the number of parties involved. (4) Notwithstanding the provisions of subrules (1) and (2), in appeals or revisions to the district court, the magistrate may permit the appellant or the applicant to state the grounds for his appeal or 4 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) revision orally and shall record them and hear the appeal or revision, as the case may be, accordingly; Provided that, the date on which the grounds were stated before the magistrate shall be recorded. Filing of documents GN. No. 148 of 2018 Registration of appeals - 5 Verify source ↗
The document may, where these Rules require the filing
AI-assisted research summary: Where these Rules require filing a document in the appellate court, the document may be filed electronically.
5. The document may, where these Rules require the filing of a document in the appellate court, be filed electronically and the Judicature and Application of Laws (Electronic Filing) Rules, 2018 shall apply mutatis mutandis. - 6 Verify source ↗
(1) When a petition of appeal to a district court is filed in
AI-assisted research summary: District courts and the High Court must immediately date, number, and register appeal petitions, and district courts must endorse the filing date before sending certain appeals to the High Court.
6.-(1) When a petition of appeal to a district court is filed in that court, it shall immediately be endorsed with the date of filing, numbered and entered in a register to be kept for that purpose. (2) When a district court permits an appellant to state the grounds of his appeal orally and records them, the record shall similarly be dated, numbered and entered in the register. (3) The district court shall, when a petition of appeal to the High Court is filed in the district court, cause the date of filing to be endorsed on the petition before dispatching it to the High Court. (4) When a petition of appeal is received in the High Court, it shall immediately be numbered and entered in a register to be kept for that purpose. Service of notice of hearing - 7 Verify source ↗
Where an appeal is filed to an appellate court, a notice of
AI-assisted research summary: If an appeal is filed to an appellate court, a notice of hearing of appeal and a copy of the petition of appeal must be served on the respondent or the respondent’s agent.
7. Where an appeal is filed to an appellate court, a notice of hearing of appeal together with a copy of the petition of appeal shall be served on the respondent or his agent. Summary rejection - 8 Verify source ↗
The Judge of the High Court shall, where he rejects an
AI-assisted research summary: If the High Court Judge rejects an appeal summarily under section 28(1), the Judge must give reasons and have the rejection order served on the appellant or the appellant’s agent.
8. The Judge of the High Court shall, where he rejects an appeal summarily under section 28(1) of the Act, give reasons for the rejection and a copy of the order rejecting the appeal shall be served upon the appellant or his agent. Compliance with orders - 9 Verify source ↗
The Registrar shall, where he gives directions under
AI-assisted research summary: If the Registrar gives directions under section 26(a) about the time for the next step in an appeal, he must serve notice of those directions on the party or the party’s agent.
9. The Registrar shall, where he gives directions under section 26(a) of the Act as to the time within which any further step in the proceedings is to be taken by any party to the appeal, cause a notice of such directions to be served upon that party or his agent. Application for leave to appeal - 10 Verify source ↗
An application for leave to appeal out of time to an
AI-assisted research summary: The appellate court must state the reasons when a petition for appeal was not or cannot be filed within 30 days after the decision or order.
10. An application for leave to appeal out of time to an 5 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) out of time Withdrawal of appeals Hearing procedure Cross-appeal appellate court shall set out the reasons why a petition was not or cannot be filed within thirty days after the date of the decision or order against which it is desired to appeal, and shall be accompanied by the petition of appeal. - 11 Verify source ↗
An appellant may withdraw his appeal at any time
AI-assisted research summary: An appellant may withdraw an appeal before judgment.
11. An appellant may withdraw his appeal at any time before judgment. PART III HEARING OF THE APPEAL
Part
PART III
- 15 Verify source ↗
Adjournments
AI-assisted research summary: Section 15 is titled “Adjournments.”
15. Adjournments. PART IV APPEARANCE OF PARTIES AND CONSEQUENCES OF NON- APPEARANCE - 12 Verify source ↗
(1) The appellate court shall, during the hearing of an
AI-assisted research summary: During an appeal hearing, the appellate court must hear the appellant first, then the respondent, and allow the appellant a reply.
12.-(1) The appellate court shall, during the hearing of an appeal, first hear the appellant or his agent and thereafter hear the respondent or his agent and then the appellant or his agent shall have the right of reply. (2) When separate appeals are filed by two or more parties to a proceeding, the appeals shall be registered separately and they shall, unless the appellate court orders otherwise, be heard together. - 13 Verify source ↗
(1) Where there are separate appeals by adverse parties,
AI-assisted research summary: If adverse parties file separate appeals, the later appeal is treated as a cross-appeal, and the court must hear the matters in the stated order.
13.-(1) Where there are separate appeals by adverse parties, the subsequent appeal shall be treated as a cross-appeal the hearing of which shall be subject to subrule (2). (2) The court shall hear the appeal of the appellant first, then the respondent on the appeal and on his cross-appeal, then the appellant in reply to the appeal and on the cross-appeal and finally the respondent in reply to the cross-appeal. Restrictions on hearing - 14 Verify source ↗
An appellant or his agent shall not, except by leave of
AI-assisted research summary: An appellant or agent generally may not be heard on grounds not stated in the petition of appeal unless the appellate court gives leave.
14. An appellant or his agent shall not, except by leave of the appellate court, be entitled to be heard on any ground not set forth in his petition of appeal. Adjournments - 15 Verify source ↗
(1) An appellate court may, for good cause on an
AI-assisted research summary: An appellate court may adjourn a hearing for good cause, and if the hearing is adjourned while the parties are absent, the court must notify the parties or their agents of the resumed date unless a person has written that they do not intend to appear.
15.-(1) An appellate court may, for good cause on an application of any party or on its own motion, adjourn the hearing to another date. (2) When the hearing is adjourned under subrule (1) in the absence of the parties, the court shall, after fixing the date for the resumed hearing, give notice of it to the parties or their agents; Provided that, it shall not be necessary to give a notice of 6 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) the resumed hearing to a person who has signified in writing that he does not intend to appear at the hearing. PART IV APPEARANCE OF PARTIES AND CONSEQUENCES OF NON-APPEARANCE Appearance of parties
Part
PART IV
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Re-admission of appeal dismissed for non-appearance
AI-assisted research summary: This section is about re-admission of an appeal that was dismissed because someone did not appear.
18. Re-admission of appeal dismissed for non-appearance. - 19 Verify source ↗
Re-hearing of appeal heard in absence of respondent
AI-assisted research summary: This section concerns when an appeal heard without the respondent present may be re-heard.
19. Re-hearing of appeal heard in absence of respondent. - 20 Verify source ↗
Application for re-admission and re-hearing of appeal
AI-assisted research summary: Section heading for application for re-admission and re-hearing of appeal.
20. Application for re-admission and re-hearing of appeal. PART V MISCELLANEOUS - 16 Verify source ↗
Subject to the provisions of rule 17 (1) and (3), the
AI-assisted research summary: Parties must attend the appeal hearing in person or through their agents on the scheduled day, subject to rule 17(1) and (3) and unless the hearing is adjourned.
16. Subject to the provisions of rule 17 (1) and (3), the parties shall, on the day fixed for hearing of the appeal, be in attendance in person or through their agents and the appeal shall be heard unless the hearing is adjourned. Non-appearance of parties - 17 Verify source ↗
(1) An appellant may embody in his petition of appeal
AI-assisted research summary: An appellant may file a written statement saying they will not appear at the hearing and include written arguments; in some cases the court must not dismiss for non-appearance and must consider those arguments.
17.-(1) An appellant may embody in his petition of appeal a statement that he does not intend to appear personally or by his agent at the hearing, together with a statement in writing of his arguments in support of the appeal and in such event and unless the court or the Registrar has expressly required the appearance of the appellant, the court shall not dismiss the appeal for want of appearance and the appellate court shall have regard to such arguments. (2) Subject to the provisions of subrule (1), the appellate court may, where on the date fixed for hearing of the appeal or any day to which it may be adjourned, the sole appellant or any of the appellants where there are multiple appellants does not appear in person or by agent, dismiss the appeal against the sole appellant or any of the defaulting appellants. (3) Where the appellant appears and the sole respondent or any of the respondents where there are multiple respondents, having been duly served, does not appear, the appeal shall proceed in the absence of the respondent or any of the defaulting respondents, unless the appellate court for any good cause considers it necessary to adjourn the hearing, but if the defaulting respondent had, before the date of the hearing, filed a statement in writing of his arguments in opposition to the appeal, the appellate court shall have regard to such arguments. Re-admission of appeal dismissed for non-appearance - 18 Verify source ↗
(1) The appellant or his agent may, where an appeal
AI-assisted research summary: An appellant or the appellant’s agent may ask the appellate court to re-admit an appeal dismissed for non-appearance, and the court may re-admit it if satisfied there was good cause for the failure to appear.
18.-(1) The appellant or his agent may, where an appeal has been dismissed under rule 17(2) in default of his appearance, apply to the appellate court concerned for the re-admission of the appeal. 7 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) Re-hearing of appeal heard in absence of respondent (2) The court may, upon being satisfied that the appellant was prevented by good cause from appearing either personally or by an agent when the appeal was called for hearing, re-admit the appeal. - 19 Verify source ↗
(1) The respondent or his agent may, where an appeal
AI-assisted research summary: A respondent or the respondent’s agent may ask the appellate court to re-hear an appeal if the appeal was heard without the respondent and judgment was entered against him.
19.-(1) The respondent or his agent may, where an appeal is heard in his absence of and judgment is pronounced against him under rule 17 (3) of these Rules, apply to the appellate court concerned to re-hear the appeal. (2) The court shall, if satisfied that the respondent was not duly served with the notice or that he was prevented by good cause from appearing either personally or by agent when the appeal was called for hearing, set aside the judgment and re-hear the appeal. Application for re- admission and re- hearing of appeal - 20 Verify source ↗
An application under rules 18 and 19 shall set out the
AI-assisted research summary: An application under rules 18 and 19 must explain why the applicant did not attend the hearing.
20. An application under rules 18 and 19 shall set out the reasons why the applicant did not attend the hearing. PART V MISCELLANEOUS Revision procedure
Part
PART V
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Mode of application
AI-assisted research summary: This section is titled “Mode of application.”
23. Mode of application. 2 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) GOVERNMENT NOTICE NO 390 published on 14/5/2021 THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) ______ RULES ______ (Made under section 4) THE JUDICATURE AND APPLICATION OF LAWS (CRIMINAL APPEALS AND REVISIONS IN PROCEEDINGS ORIGINATING FROM PRIMARY COURTS) RULES, 2021 Citation PART I PRELIMINARY PROVISIONS - 21 Verify source ↗
The procedure for petition of appeals under these Rules
AI-assisted research summary: The appeals petition procedure also applies to applications for revision, with necessary changes.
21. The procedure for petition of appeals under these Rules shall apply mutatis mutandis to applications for revision under these Rules. Judgment - 22 Verify source ↗
(1) The judgment of the appellate court shall be in
AI-assisted research summary: An appellate court judgment must be written, in the court’s language, and include the points for determination, the decision, and the reasons. It must also be signed, dated, and pronounced in open court.
22.-(1) The judgment of the appellate court shall be in writing in the language of the court, and shall state – (a) the points for determination; (b) the decision; and (c) the reasons for the decision. (2) The judgment shall be signed, dated and pronounced in open court. 8 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) Mode of application - 23 Verify source ↗
(1) An application under these Rules shall, save for
AI-assisted research summary: Most applications under these Rules must be in writing, except revision applications under rule 4. In a district court, the applicant may be allowed to state reasons orally, and the court must record them.
23.-(1) An application under these Rules shall, save for application for revision provided for under rule 4, be in writing. (2) Notwithstanding the provisions of subrule (1) of this rule, where an application is made to a district court, the court may permit the applicant to state the reasons for his application orally and it shall record them. (3) The application under subrules (1) and (2) of this rule shall be signed by the applicant and the date on which it was made shall be indicated. Dar es Salaam 4th May, 2021 IBRAHIM HAMIS JUMA Chief Justice 9
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Judicature and
AI-assisted research summary: These Rules may be cited by the stated title.
1. These Rules may be cited as the Judicature and in (Criminal Appeals and Revisions Application of Laws Proceedings Originating from Primary Courts) Rules, 2021. Application - 2 Verify source ↗
These Rules shall apply to proceedings in criminal
AI-assisted research summary: These Rules apply to certain criminal appeals and revisions involving the district court and the High Court.
2. These Rules shall apply to proceedings in criminal appeals and revisions to- (a) the district court in matters originating in the primary court exercising its original jurisdiction; (b) the High Court against the decision of the district court exercising its appellate and revisional jurisdiction over matters originating in primary court; and (c) the district court in exercise of its appellate and 3 Judicature And Application of Laws (Criminal Appeals and Revisions in Proceedings Originating From Primary Courts) GN NO. 390 (Contd.) Cap. 206 revisional jurisdiction over the decision of the primary court exercising its appellate or revisional jurisdiction under the Ward Tribunals Act, whereby the procedure applicable to appeals and revisions under paragraph (a) shall apply mutatis mutandis in appeals and revisions under this paragraph. Interpretation Cap. 11 - 3 Verify source ↗
In these Rules, unless the context otherwise requires
AI-assisted research summary: This section defines several terms used in the Rules, including “Act,” “agent,” “appellate court,” “petition of appeal,” and “Registrar.”
3. In these Rules, unless the context otherwise requires- “Act” means the Magistrates’ Courts Act; “agent” means an advocate or any person authorised by law to appear and act for any party; “appellate court” means the High Court or the district court, as the case may be; “petition of appeal” means a record of grounds of appeal and includes the grounds stated orally and recorded by the district court under section 20 (4) (b) of the Act; and “Registrar” means the Registrar of the High Court, a Deputy Registrar and includes an acting Deputy Registrar. PART II GENERAL ADMINISTRATIVE AND PROCEDURAL PROVISIONS Petition of appeal
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