Tanzania Act or statute

Parliament of Tanzania

THE CIVIL PROCEDURE CODE, 1966

If all interested parties agree to arbitrate a disputed matter in a suit, they may ask the court for an order of reference before judgment is given. The arbitrator is to be appointed in a manner a…

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Jurisdiction: Tanzania
Structure: 21 provisions
Citation: THE CIVIL PROCEDURE CODE
Official identity: Year 1966
Dates: Enacted 1966

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Official identity: Year 1966
Dates: Enacted 1966

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Purpose and legislative effect

“If all interested parties agree to arbitrate a disputed matter in a suit, they may ask the court for an order of reference before judgment is given.”

If all interested parties agree to arbitrate a disputed matter in a suit, they may ask the court for an order of reference before judgment is given. The arbitrator is to be appointed in a manner agreed between the parties. The court must refer certain matters to arbitration, set a reasonable time for the award, and state that time in the order. If two or more arbitrators are involved, the order must provide a way to resolve disagreement, and the court may determine the arrangement if the parties cannot agree. A party may give written notice to have an arbitrator or umpire appointed, and the court may step in if no appointment is made in time.

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Short title

If all interested parties agree to arbitrate a disputed matter in a suit, they may ask the court for an order of reference before judgment is given.

Section 1

Subordination of courts

An arbitrator or umpire appointed under rule 4 or 5 has the same powers as if named in the order of reference.

Section 6

Res judicata

An arbitrator or umpire may, with the court’s leave, state an award as a special case for the court’s opinion, and the court must give its opinion and add it to the award.

Section 11

Courts in which suits may be instituted

If the court has no reason to send an arbitration award back for reconsideration, it must enter judgment in line with the award once the time to challenge it has passed.

Section 16

Other suits to be instituted where defendant resides or cause of action arises

If the court is satisfied that a case was referred to arbitration, an award was made, and no listed objection is proved, the court must file the award and give judgment in line with it.

Section 21

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Source record from oagmis.oag.go.tz · Enacted 1966

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Showing 21 of 21 provisions

Provision 18Short titleOffenceAmendment

§ 1Short titleShort title

If all interested parties agree to arbitrate a disputed matter in a suit, they may ask the court for an order of reference before judgment is given.

1.–(1) Where in any suit all the parties interested agree that any matter in difference between them shall be referred to arbitration they may, at any time before judgment is pronounced, apply to the court for an order of reference. (2) Every such application shall be in writing and shall state the matter sought to be referred. Appointment of arbitrator

Section 1Verify source

§ 2ApplicationProvision

The arbitrator is to be appointed in a manner agreed between the parties.

2. The arbitrator shall be appointed in such manner as may be agreed upon between the parties. Order of reference

Section 2Verify source

§ 34. Overriding objective of ActProvision

The court must refer certain matters to arbitration, set a reasonable time for the award, and state that time in the order.

3.–(1) The court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall fix such time as it thinks reasonable for the making of the award, and shall specify such time in the order. 229 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] (2) Where a matter is referred to arbitration the court shall not, save in the manner and to the extent provided in these Rules, deal with such matter in the same suit. Where reference is made to two or more arbitrators, order to provide for difference of opinion

Section 3Verify source

§ 4Overriding objective of ActProvision

If two or more arbitrators are involved, the order must provide a way to resolve disagreement, and the court may determine the arrangement if the parties cannot agree.

4.–(1) Where the reference is made to two or more arbitrators, provisions shall be made in the order for a difference of opinion among the arbitrators- (a) by the appointment of an umpire; (b) by declaring that if the majority of the arbitrators agree, Power of court to appoint arbitrator in certain cases the decision of the majority shall prevail; (c) by empowering the arbitrators to appoint an umpire; or (d) otherwise as may be agreed between the parties or, if they cannot agree, as the court may determine. (2) Where an umpire is appointed, the court shall fix such time as it thinks reasonable for the making of his award in case he is required to act.

Section 4Verify source

§ 5Duty to uphold objectiveProvision

A party may give written notice to have an arbitrator or umpire appointed, and the court may step in if no appointment is made in time.

5.–(1) In any of the following cases: (a) where the parties cannot agree within a reasonable time with respect to the appointment of an arbitrator, or the person appointed refuses to accept the office of arbitrator; or (b) where an arbitrator or umpire- (i) dies; (ii) refuses or neglects to act or becomes incapable of acting; or (iii) leaves Tanzania in circumstances showing that he will probably not return at an early date; or (c) where the arbitrators are empowered by the order of reference to appoint an umpire and fail to do so, any party may serve the other party or the arbitrators with a written notice to appoint an arbitrator or umpire. (2) Where within seven clear days after such notice has been served or such further time as the court may in each case allow, no arbitrator or no umpire is appointed, the court may, on application by the party who gave the notice and after giving the other party an opportunity of being heard, appoint 230 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] Powers of arbitrator or umpire appointed under rule 4 or 5 Summoning witnesses and default Extension of time for making award an arbitrator or umpire or make an order superseding the arbitration, and in such case shall proceed with the suit.

Section 5Verify source

§ 6Subordination of courtsProvision

An arbitrator or umpire appointed under rule 4 or 5 has the same powers as if named in the order of reference.

6. Every arbitrator or umpire appointed under rule 4 or rule 5 shall have the like powers as if his name had been inserted in the order of reference.

Section 6Verify source

§ 7Saving of procedure prescribed in other lawsOffence

The court must issue the same process to parties and witnesses that the arbitrator or umpire wants to examine.

7.–(1) The court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine, as the court may issue in suits tried before it. (2) Persons not attending in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire during the investigation of the matters referred, shall be subject to the like disadvantages, penalties and punishments, by order of the court on the representation of the arbitrator or umpire, as they would incur for the like offences in suits tried before the court.

Section 7Verify source

§ 8Pecuniary jurisdictionProvision

If arbitrators or the umpire cannot make the award in time, the court may extend time, supersede the arbitration, and then proceed with the suit.

8. Where the arbitrators or the umpire cannot deliver the award within the period specified in the order, the court may, if it thinks fit, either allow further time either before or after the expiration of the period fixed for the making of the award, enlarge such period or may make an order superseding the arbitration, and in such case shall proceed with the suit. Where umpire may arbitrate in lieu of arbitrators

Section 8Verify source

§ 910. Stay of suitProvision

If an umpire has been appointed, the umpire may take over the reference from the arbitrators in the stated situations.

9. Where an umpire has been appointed, he may enter on the reference in the place of the arbitrators- (a) where they have allowed the appointed time to expire without making an award; or (b) where they have delivered to the court or to the umpire a notice in writing stating that they cannot agree. Award to be signed and filed

Section 9Verify source

§ 10Stay of suitProvision

If an award has been made in a suit, the people who made it must sign it, file it in court with related depositions and documents, and notify the parties of the filing.

10. Where an award in a suit has been made, the persons who made it shall sign it and cause it to be filed in court, together with any depositions and documents which have been taken and proved before them, and notice of the filing shall be given to the parties. 231 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] Statement of special case by arbitrators or umpire

Section 10Verify source

§ 11Res judicataProvision

An arbitrator or umpire may, with the court’s leave, state an award as a special case for the court’s opinion, and the court must give its opinion and add it to the award.

11. Upon any reference by an order of the court, the arbitrator or umpire may, with the leave of the court, state the award as to the whole or any part thereof in the form of a special case for the opinion of the court, and the court shall deliver its opinion thereon, and shall order such opinion to be added to and to form part of the award. Power to modify or correct award

Section 11Verify source

§ 12Bar to further suitAmendment

The court may order an award to be modified or corrected in limited cases.

12. The court may, by order, modify or correct an award- (a) where it appears that a part of the award is upon a matter not referred to arbitration and such part can be separated from the other part and does not affect the decision on the matter referred; (b) where the award is imperfect in form or contains any obvious error which can be amended without affecting such decision; or (c) where the award contains a clerical mistake or an error arising from an accidental slip or omission. Order as to costs of arbitration

Section 12Verify source

§ 13Bona fide steps to resolve disputeProvision

The court may make an order about arbitration costs if there is a question about those costs and the award does not adequately provide for them.

13. The court may also make such order as it thinks fit respecting the costs of the arbitration where any question arises respecting such costs and the award contains no sufficient provision concerning them. Where award or matter referred to arbitration may be remitted

Section 13Verify source

§ 14When foreign judgment not conclusiveProvision

The court may send an arbitration award back to the same arbitrator or umpire for reconsideration in certain cases.

14. The court may remit the award or any matter referred to arbitration to the reconsideration of the same arbitrator or umpire, upon such terms as it thinks fit- (a) where the award has left undetermined any of the matters referred to arbitration, where it determines any matter not referred to arbitration, unless such matter can be separated without affecting the determination of the matters referred; (b) where the award is so indefinite as to be incapable of execution; or (c) where an objection to the legality of the award is apparent upon the face of it. 232 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] Grounds for setting aside award

Section 14Verify source

§ 15Presumption as to foreign judgmentProvision

An award remitted under rule 14 becomes void if the arbitrator or umpire fails to reconsider it, and an award may be set aside only on specified grounds.

15.–(1) An award remitted under rule 14 becomes void on failure of the arbitrator or umpire to reconsider it, but no award shall be set aside except on one of the following grounds: (a) corruption or misconduct of the arbitrator or umpire; (b) either party having been guilty of fraudulent concealment of any matter which he ought to have disclosed or of willfully misleading or deceiving the arbitrator or umpire; (c) the award having been made after the issue of an order by the court superseding the arbitration and proceeding with the suit or after the expiration of the period allowed by the court or being otherwise invalid. (2) Where an award becomes void or is set aside under subrule (1), the court shall make an order superseding the arbitration and in such case shall proceed with the suit.

Section 15Verify source

§ 16Courts in which suits may be institutedProvision

If the court has no reason to send an arbitration award back for reconsideration, it must enter judgment in line with the award once the time to challenge it has passed.

16.–(1) Where the court sees no cause to remit the award or any of the matters referred to arbitration for re-consideration in the manner aforesaid, and no application has been made to set aside the award or the court has refused such application, the court shall, after the time for making such application has expired, proceed to pronounce judgment according to the award. (2) Upon the judgment so pronounced a decree shall follow and no appeal shall lie from such decree except in so far as the decree is in excess of, or not in accordance with, the award. ORDER OF REFERENCE ON AGREEMENTS TO REFER TO ARBITRATION Judgment to be according to award Application to file in court agreement to refer to arbitration

Section 16Verify source

§ 17Suits to be instituted where subject matter situateProvision

If parties agree in writing to arbitrate a dispute, they may ask a court to file the agreement in court.

17.–(1) Where any persons agree in writing that any difference between them shall be referred to arbitration, the parties to the agreement or any of them may apply to any court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in court. (2) The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties 233 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] interested or claiming to be interested as plaintiff or plaintiffs, and the others or other of them as defendants or defendant if the application has been presented by all the parties or, if otherwise, between the applicant as plaintiff and the other parties as defendants. (3) On such application being made, the court shall direct notice thereof to be given to all the parties to the agreement, other than the applicants, requiring such parties to show cause, within the time specified in the notice, why the agreement should not be filed. (4) Where no sufficient cause is shown, the court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed in accordance with the provisions of the agreement or, if there is no such provision and the parties cannot agree, the court may appoint an arbitrator.

Section 17Verify source

§ 18Suits for immovable property situate within jurisdiction ofProvision

A party to a suit may ask the court to stay the suit when the dispute is covered by an arbitration agreement.

18. Where any party to any agreement to refer to arbitration, or any person claiming under him, institutes any suit against any other party to the agreement, or any person claiming under him, in respect of any matter agreed to be referred, any party to such suit may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to the court to stay the suit, and the court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement to refer to arbitration, and that the applicant was, at the time when the suit was instituted and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the suit. Stay of suit where there is agreement to refer to arbitration Provisions applicable to proceedings under rule 17

Section 18Verify source

§ 19Place of institution of suit where local limits of jurisdictionProvision

Rules 17 and 18 apply, as far as they are consistent with any agreement filed under rule 17, to proceedings under the court’s order of reference, and to the resulting award and decree.

19. The provisions of rules 17 and 18, so far as they are consistent with any agreement filed under rule 17, shall be applicable to all proceedings under the order of reference made by the court under that rule and to the award and to the decree following thereon. 234 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CIVIL PROCEDURE CODE ACT [CAP. 33 R.E. 2023] Filing award in matter referred to arbitration without intervention of court Filing and enforcement of such award ARBITRATION WITHOUT THE INTERVENTION OF A COURT

Section 19Verify source

§ 20Suits of compensation for wrongs to person or movablesProvision

A person interested in an arbitration award may ask a court to file the award, and the application must be in writing and registered as a suit. The court must notify the other arbitration parties to show cause within the stated time.

20.–(1) Where any matter has been referred to arbitration without the intervention of a court, and an award has been made thereon, any person interested in the award may apply to any court having jurisdiction over the subject matter of the award that the award be filed in court. (2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants. (3) The court shall direct notice to be given to the parties to the arbitration, other than the applicant, requiring them to show cause within a time specified, why the award should not be filed.

Section 20Verify source

§ 21Other suits to be instituted where defendant resides or cause of action arisesProvision

If the court is satisfied that a case was referred to arbitration, an award was made, and no listed objection is proved, the court must file the award and give judgment in line with it.

21.–(1) Where the court is satisfied that the matter has been referred to arbitration and that an award has been made thereon and where no ground such as is mentioned or referred to in rule 14 or rule 15 is proved, the court shall order the award to be filed and shall proceed to pronounce judgment according to the award. (2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award. 235 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 21Verify source

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