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Tanzania Notice

Parliament of Tanzania

The Civil Procedure Code (Approved Forms) (Amendment) Notice 2022

This Notice may be cited by its stated name and must be read together with the 2017 Civil Procedure (Approved Forms) Notice. This provision inserts a new Form C/13 for a witness statement, including verification and…

amendment noticeattestationcourt formsdocument handlingdocument preparationformsoathswitness statements
Jurisdiction
Tanzania
Structure
14 provisions
Citation
The Civil Procedure Code (Approved Forms) (Amendment) Notice 2022
Official identity
Year 2022
Dates
Enacted 2022
More statute details
Official identity
Year 2022
Dates
Enacted 2022
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01

Purpose and legislative effect

“This Notice may be cited by its stated name and must be read together with the 2017 Civil Procedure (Approved Forms) Notice.”

This Notice may be cited by its stated name and must be read together with the 2017 Civil Procedure (Approved Forms) Notice. This provision inserts a new Form C/13 for a witness statement, including verification and jurat sections. Unless it is impracticable, a witness statement must be written in the first person and include the witness’s name, residence, work details if given in a professional or occupational capacity, and whether the witness is a party to the proceedings. A witness statement must show which parts are from the witness’s own knowledge and which are based on information or belief, and it must identify the source or basis for those parts. A witness must verify and identify any documents or objects used with a witness statement, and keep them separate from the statement.

02

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A witness statement shall indicate

A witness statement must show which parts are from the witness’s own knowledge and which are based on information or belief, and it must identify the source or basis for those parts.

Section 2

4. Where a witness makes more than one witness

If a witness gives more than one witness statement in the same proceedings, the numbering of documents or objects must continue consecutively and must not restart with each statement.

Section 3

Jurat

A Commissioner for Oaths who takes or receives a witness statement must put his name in the jurat, state the place and date, and stamp it.

Section 6

04

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Source record from oagmis.oag.go.tz · Enacted 2022

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Showing 14 of 14 provisions

Provision 9Amendment 5
§ 1This Notice may be cited as the Civil ProcedureAmendment

This Notice may be cited by its stated name and must be read together with the 2017 Civil Procedure (Approved Forms) Notice.

1. This Notice may be cited as the Civil Procedure (Approved Forms) (Amendment) Notice, 2022 and shall be read as one with the Civil Procedure (Approved Forms) Notice, 2017 hereinafter referred to as the "principal Notice".
Section 1Verify source
§ 2The principal Notice is amended by inserting betweenAmendment

This provision inserts a new Form C/13 for a witness statement, including verification and jurat sections.

2. The principal Notice is amended by inserting between Form C/12 and Form D/1 the following new form: Citation GN. No. 388 of 2017 Amendm ent of GN. No. 388 of 2017 1 Civil Procedure Code (Approved Forms) (Amendment) GN. NO. 355 (Contd.) FORM C/13 THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE ……………………….. OF ……………… AT…………………… CIVIL CASE NO…………OF……………. …………….……………………………….. PLAINTIFF(S) VERSUS ………………………………………..…DEFENDANT(S) Witness Statement (O. XVIII, r 2(5) of the Civil Procedure Code) For .............................. (Insert the name of the party for whom the statement is made) by: …………….………………………………. of ………… 1st/2nd/3rd/4th/6th/ or 7th witness statement Body of the statement ……………………………………………………………… ……………………………………………………………… Documents/objects referred to: i. ................................................................................................ ……………………………………………….. ii. ................................................................................................ …………………………………………….. iii. ................................................................................................ ……………………………………………etc. 2 Civil Procedure Code (Approved Forms) (Amendment) GN. NO. 355 (Contd.) Verification (Statement of Truth) I…………………………….…verify that……………………..…………………. Signature…………………….. Date………………………….. Jurat SWORN/AFFIRMED at…….. ……by the said………….. who is known to me personally/identified to me by…………... ………………….. the latter being known to me personally DEPONENT this…………day of……………, 20………. Before Me: Name…………………………………………… Signature……………………………………….. Qualification…………………………………… Address: ………………………………………..
Section 2Verify source
§ 11. Unless it is impracticable, the witness statement shallAmendment

Unless it is impracticable, a witness statement must be written in the first person and include the witness’s name, residence, work details if given in a professional or occupational capacity, and whether the witness is a party to the proceedings.

1.1. Unless it is impracticable, the witness statement shall be in the intended statement shall be expressed in the first person and shall also state: witness's own words, the if he is making (a) The full name of the witness, his place of residence and in his professional, or occupational capacity, the address at which he works, the position he holds and the name of his firm or employer; and the statement 3 Civil Procedure Code (Approved Forms) (Amendment) GN. NO. 355 (Contd.) (b) The fact that he is a party to the proceedings.
Section 1Verify source
§ 2A witness statement shall indicateProvision

A witness statement must show which parts are from the witness’s own knowledge and which are based on information or belief, and it must identify the source or basis for those parts.

2. A witness statement shall indicate: (a) Which of the statements in it are made from the witness's own knowledge and which are matters of information or belief; and (b) The source of information or basis of belief in the relevant paragraphs.
Section 2Verify source
§ 31. Documents/objects usedProvision

A witness must verify and identify any documents or objects used with a witness statement, and keep them separate from the statement.

3.1. Documents/objects used in conjunction with a witness statement shall be verified and identified by the witness and remain separate from the witness statement.
Section 3Verify source
§ 32. Where a witness refers to a document or object, heProvision

A witness who refers to a document or object must say: “I refer to the (description of document/object) marked …”.

3.2. Where a witness refers to a document or object, he shall state “I refer to the (description of document/object) marked ................................
Section 3Verify source
§ 33. At the top right end corner of the first page (and onProvision

Each document or object must have specified identifying details written clearly at the top right end corner of the first page and on the back sheet.

3.3. At the top right end corner of the first page (and on the back sheet) of each document/object there shall be clearly written: (a) the party on whose behalf it is sought to be tendered; (b) the initials and surname of the witness; (c) the number of the witness statement in relation to that witness; and (d) the identifying initials and number of each document/object referred to.
Section 3Verify source
§ 34. Where a witness makes more than one witnessProvision

If a witness gives more than one witness statement in the same proceedings, the numbering of documents or objects must continue consecutively and must not restart with each statement.

3.4. Where a witness makes more than one witness statement to which there are documents/objects, in the the same proceedings, documents/objects consecutively throughout and not start again with each witness statement. the numbering of shall run
Section 3Verify source
§ 41. A witness statement shallProvision

A witness statement must be produced on durable quality A4 paper, but the text is truncated after that requirement.

4.1. A witness statement shall: (a) be produced on durable quality A4 paper with a
Section 4Verify source
§ 35cm marginAmendment

Statements must be legible and follow specified formatting rules, including typing, pagination, numbering, and document references.

3.5cm margin; (b) be fully legible and shall normally be typed on 4 Civil Procedure Code (Approved Forms) (Amendment) GN. NO. 355 (Contd.) one side of the paper only; (c) Where possible, be bound securely in a manner which would not hamper filing, or otherwise each page shall be endorsed with the case number and shall bear the initials of the witness; (d) Have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file); (e) Be divided into numbered paragraphs; (f) Have all numbers, including dates expressed in figures, and the (g) Give reference to any document or documents mentioned either in the margin or in bold text in the body of the statement.
Section 3Verify source
§ 42. A witness statement shall follow the chronologicalProvision

A witness statement must follow the order of events or matters covered, and each paragraph should focus on one distinct part of the subject where possible.

4.2. A witness statement shall follow the chronological sequence of the events or matters dealt with. Each paragraph shall as far as possible be confined to a distinct portion of the subject.
Section 4Verify source
§ 51. A witness statement is the equivalent of the oralProvision

A witness statement counts as the oral evidence the witness would give if called, and it must include the intended witness’s statement that the facts are true.

5.1. A witness statement is the equivalent of the oral evidence which that witness would, if called, give in evidence; it must include a statement by the intended witness that he believes the facts in it are true.
Section 5Verify source
§ 52. To verify a witness statement, the statement of truthAmendment

To verify a witness statement, use the stated form of truth: “I verify that the facts stated in this statement are true.”

5.2. To verify a witness statement, the statement of truth shall be as follows: 'I verify that the facts stated in this statement are true' 5 Civil Procedure Code (Approved Forms) (Amendment) GN. NO. 355 (Contd.)
Section 5Verify source
§ 6JuratProvision

A Commissioner for Oaths who takes or receives a witness statement must put his name in the jurat, state the place and date, and stamp it.

6. Jurat Every Commissioner for Oaths before whom the witness statement is taken or made shall insert his name and state truly in the jurat of attestation at what place and on what date the statement is taken or made and shall affix his stamp. Dar es Salaam, IBRAHIM HAMIS JUMA 2nd May, 2022 Chief Justice 6
Section 6Verify source

Legislative relationships

1 referenced instrument

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G–M

1 instrument

  • GN. No. 388 of 2017 1 Civil Procedure Code

    Section 2

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