The Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025

This section is a heading for matters not otherwise covered by these Rules.

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Jurisdiction: Tanzania
Instrument: Rule
Citation: The Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025
Version: Undated source snapshot
Language: en
Official source: View official record ↗

costs court costs court filing court procedure court proceedings evidence hearings litigation litigation procedure litigation process petition preparation petition withdrawal service of petition

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About this statute

This section is a heading for matters not otherwise covered by these Rules. These Rules may be cited as the Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025. These Rules apply to proceedings brought under Article 108(2) for enforcing the Constitution, except matters enforceable under the Basic Rights and Duties Enforcement Act. This section defines key terms used in the Rules, including “Constitution,” “Court,” “petition,” and “petitioner,” unless the context requires otherwise. If a person intends to file a petition under these Rules, they must do so by originating summons.

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Provisions of The Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025

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13
Matters not provided for in these Rules
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AI-assisted research summary: This section is a heading for matters not otherwise covered by these Rules.

13. Matters not provided for in these Rules. 1 Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) GN. NO.540 (Contd.) THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) ______ RULES _______ (Made under section 4) THE JUDICATURE AND APPLICATION OF LAWS (CONSTITUTIONAL PETITIONS) (PRACTICE AND PROCEDURE) RULES, 2025 Citation Application Cap. 2 Cap. 3
1
These Rules may be cited as the Judicature and
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AI-assisted research summary: These Rules may be cited as the Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025.

1. These Rules may be cited as the Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025.
2
These Rules shall apply to all proceedings
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AI-assisted research summary: These Rules apply to proceedings brought under Article 108(2) for enforcing the Constitution, except matters enforceable under the Basic Rights and Duties Enforcement Act.

2. These Rules shall apply to all proceedings preferred under Article 108(2) of the Constitution for the enforcement of the provisions of the Constitution other than the provisions enforceable under the Basic Rights and Duties Enforcement Act. Interpretation Cap. 2
3
In these Rules, unless the context otherwise
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AI-assisted research summary: This section defines key terms used in the Rules, including “Constitution,” “Court,” “petition,” and “petitioner,” unless the context requires otherwise.

3. In these Rules, unless the context otherwise requires- “Constitution” means the Constitution of the United Republic of Tanzania, 1977; “Court” means the High Court of the United Republic of Tanzania; “petition” means an application brought by or on behalf of a person under the provisions of Article 108(2) of the Constitution for the purpose of seeking redress under the Constitution; and “petitioner” means a person who institutes proceedings under these Rules.
4
A person who intends to file a petition under
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AI-assisted research summary: If a person intends to file a petition under these Rules, they must do so by originating summons.

4. A person who intends to file a petition under these Rules shall do so by way of originating summons.
5
A petition made under these Rules shall specify
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AI-assisted research summary: A petition under these Rules must include the petitioner’s details, the respondents’ details, the grounds, the constitutional provisions relied on, the relevant facts, and the redress sought.

5. A petition made under these Rules shall specify- (a) name and address of the petitioner; 2 Petition Contents of petition Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) GN. NO.540 (Contd.) (b) name and address of each person against whom redress is sought; (c) grounds upon which redress is sought; (d) specific provisions of the Constitution which are the basis of the petition; (e) particulars of the facts, but not the evidence to prove such facts, relied on; and (f) nature of the redress sought.
6
(1) A petitioner shall, within seven days after
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AI-assisted research summary: A petitioner must serve the petition on the respondent within seven days after filing and must file an affidavit in court at least three days before the hearing date.

6.-(1) A petitioner shall, within seven days after filing a petition, serve a copy of the petition on the respondent. (2) The petitioner shall, within three days before the hearing date, file in Court an affidavit stating- (a) the names, address of the place and date of service on all persons who have been served with the petition; and (b) the fact and reasons why the service has not been effected to a person who ought to be served under the provisions of this rule. (3) Where the Court is of the opinion that a person who ought to have been served with a copy of the petition has not been served, it may adjourn the hearing to facilitate the process of serving such person.
7
(1) The respondent shall, within fourteen days of
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AI-assisted research summary: The respondent must file a reply to the petition, with a counter affidavit, within 14 days after service.

7.-(1) The respondent shall, within fourteen days of service of the petition, file a reply to the petition accompanied by a counter affidavit. (2) Where the respondent fails to file a reply to the petition within the time stated under subrule (1), the Court may hear and determine the petition ex -parte. Service of petition Reply to petition Consolidation of petitions
8
The Court may, upon application or on its own
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AI-assisted research summary: The Court may consolidate petitions on application or on its own motion when they concern the same matter and grounds.

8. The Court may, upon application or on its own motion, consolidate petitions relating to any matter pending against several parties in respect of the same matter and grounds. Friend of Court and interested party
9
(1) The Court may, upon request by any party,
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AI-assisted research summary: The Court may let an expert appear as a friend of the Court or allow an interested person to join the case.

9.-(1) The Court may, upon request by any party, invite or allow any person with expertise in a particular 3 Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) GN. NO.540 (Contd.) Constitution of Court issue to appear as a friend of the Court in the proceedings before it. (2) The Court may, on application, allow any interested person to join in the proceedings.
10
(1) A petition under these Rules shall be heard
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AI-assisted research summary: Petitions under these Rules must be heard by a three-judge panel, usually within 90 days, with a possible 45-day extension in exceptional cases.

10.-(1) A petition under these Rules shall be heard and determined by a panel of three judges of the Court assigned for that purpose by the Jaji Kiongozi. (2) The petition shall be heard and determined within ninety days from the date of its institution: Provided in exceptional circumstances, extend the time for not more than forty-five days. the Jaji Kiongozi may, that, (3) The Court may, on its own motion or upon application by any party- (a) receive evidence by affidavit in addition to or in substitution of oral evidence and may limit the time for oral submissions by the parties; or (b) call, examine and allow the cross-examination of any witness if the Court is of the opinion that the evidence is likely to assist the Court to arrive at a just decision. (3) A person summoned as a witness by the Court may, with leave of the Court, be cross-examined by parties to the petition. Withdrawal
11
(1) The petitioner may, by notice to and with
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AI-assisted research summary: The petitioner may withdraw the petition only with notice to and leave of the Court.

11.-(1) The petitioner may, by notice to and with leave of the Court, withdraw the petition. (2) The Court shall, before granting leave to the the effects of withdraw a petition, determine withdrawal. (3) Where the Court refuses to grant leave to withdraw a petition, it shall- (a) state the reasons for refusal; and (b) order the petitioner to proceed with the petition. Costs
12
The Court shall have discretion to award costs,
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AI-assisted research summary: The Court may award costs, but must do so without hindering citizens’ access to the Court.

12. The Court shall have discretion to award costs, provided that it shall exercise such powers in a manner that does not hinder citizens access to the Court. 4 Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) GN. NO.540 (Contd.) Matters not provided for in these Rules Cap. 3
13
Where there is any matter not provided for in
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AI-assisted research summary: If these Rules do not cover a matter, the High Court practice and procedure for petitions under the Basic Rights and Duties Enforcement Act applies, and it overrides the general High Court procedure.

13. Where there is any matter not provided for in these Rules, the practice and procedure applicable to the High Court to petitions under the Basic Rights and Duties Enforcement Act or the general practice and procedure applicable to the High Court shall apply mutatis mutandis: the practice and procedures applicable to the High Court to petitions under the Basic Rights and Duties Enforcement Act shall take precedence over the general practice and procedures applicable in the High Court. Provided that, Dodoma, 3rd September, 2025 GEORGE MCHECHE MASAJU, Chief Justice 5

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The Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025

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