The Civil Procedure Code

Courts must provide reasonable and practicable privacy facilities for women who do not appear in public, when they appear or are required to appear in court under court process.

Sections 44, 45 and 47 apply, as far as possible, to people arrested under this Code.

Judges, magistrates, and certain court-related parties are exempt from arrest under civil process when traveling to, attending, or returning from court or tribunal, with limited exceptions.

A court may issue an arrest warrant or attachment order for a person or property outside its area, and the receiving court must carry out the arrest or attachment and report back.

In admiralty salvage, towage, or collision cases, the High Court may or must appoint two competent assessors, and the assessors must attend and assist.

Orders and notices served on or given to any person under this Code must be in writing.

If a decree is varied or reversed, the court of first instance must restore the parties, on application by an entitled party, and may make related orders such as refunds, interest, damages, compensation, and mesne profits.

A surety can have a decree or court order executed against them, to the extent of their personal liability, if sufficient notice is given.

A person claiming under another person may take or make a proceeding or application by or against that person, unless the Code or another written law provides otherwise.

For suits involving a person under disability, a consent or agreement about a proceeding is effective if the court expressly allows it and it is made by the next friend or guardian.

The court may extend a time period it fixed or granted for doing an act under the Code, even if the period has already expired.

If a court’s business is transferred to another court, the receiving court has the same powers and must perform the same duties, unless otherwise provided.

The court keeps its inherent power to make orders needed for justice or to stop abuse of process.

The court may correct clerical or arithmetical mistakes, or accidental slips or omissions, in judgments, decrees, or orders at any time.

The court may amend defects or errors in a suit, and must make necessary amendments to resolve the real issue in the case.

The Chief Justice may approve forms for use in proceedings under this Code, and approved or prescribed forms must be followed with necessary variations.

This section says the Rules may be cited as the Civil Procedure Rules.

Several plaintiffs may join the same suit if their claims arise from the same act or transaction, or related acts or transactions, and common legal or factual questions would arise in separate suits.

If joining plaintiffs could delay or complicate the trial, the court may require the plaintiffs to choose, order separate trials, or make another suitable order. The court may also give judgment for or against one or more joint parties.

All persons may be joined as defendants when the claims arise from the same act or transaction, or a series of them, and a separate suit would raise a common question of law or fact.

Judgment may be entered for plaintiffs entitled to relief, or against defendants who are liable, according to their respective liabilities.

A defendant does not have to be interested in all of the reliefs claimed in a suit against them.

The plaintiff may choose to join as defendants in the same suit any or all persons liable on a contract, including parties to bills of exchange and promissory notes.

If a plaintiff is unsure who should be sued for redress, the plaintiff may join two or more defendants. One person may also sue or defend on behalf of others sharing the same interest.

When many people have the same interest in one lawsuit, one or more of them may, with court permission, sue, be sued, or defend for everyone affected.

A suit cannot be defeated just because parties were misjoined or left out, and the court may decide the dispute as it affects the parties before it.

The court may correct party mistakes in a suit by substituting, adding, or striking out parties, and it must not add a plaintiff in the stated disability-related situation without consent.

The court may assign conduct of the suit to a person it considers proper.

If a case has multiple plaintiffs or defendants, one of them may be authorised by another to appear, plead, or act for them, but the authority must be written, signed by the party giving it, and filed in court.

Objections based on non-joinder or misjoinder of parties must be raised as soon as possible, and if issues are settled, by the time they are settled unless the objection only arose later.

A defendant may ask the court for permission to issue a third party notice, and the application is usually made ex parte with an affidavit.

A third party notice must include the parties’ claims, the relief sought, the time allowed for the third party to defend, and the consequences of missing that time.

The court must serve a copy of a third party notice on the third party, and a copy must also be served on each other party to the suit.

If a third party notice has been served, the third party must file a written defence with the court within 21 days if they want to dispute the claim or their liability, unless the court allows more time.

The court must set a directions date and serve notice when a third party has filed a written defence statement.

If a third party defaults in defending or appearing, the court may enter judgment against the third party, and the defendant may seek judgment against the third party in specified cases.

The court may decide costs between a third party and the other parties, and may make any costs order it thinks just.

A third party may present a third party notice, subject to rules 14 to 19.

A third party who has been served with a third party notice has the same right to issue a third party notice against another party to the suit as a defendant would.

A defendant may serve a third party notice against a co-defendant in the same suit in certain claim situations.

Every suit should be framed, as far as practicable, to allow a final decision on the dispute and avoid more litigation about it.

Section heading about omitted suits, including whole claim, part of a claim, and one of several reliefs.

A plaintiff must include the whole claim in one suit, unless part is relinquished to fit the court’s jurisdiction; some omitted claims or reliefs cannot be sued again later.

A plaintiff may join multiple causes of action in one suit against the same defendant(s), and jointly interested plaintiffs may also join their causes of action.

A claim cannot be joined with a suit for recovery of immovable property unless the court gives leave, subject to listed exceptions.

A claim involving an executor, administrator, or heir in that role must not be joined with the same person’s personal claims, except in the stated estate-related cases.

If joined causes of action cannot conveniently be tried or disposed of together, the court may order separate trials or another expedient order.

Objections based on misjoinder of causes of action must be made as early as possible, and when issues are settled, before settlement unless the objection arises later.

A party may appear, apply, or act in court in person, through a recognised agent, or through a duly appointed advocate, unless another law says otherwise.

The provision identifies who may act as recognised agents for parties in court-related appearances, applications, and acts.

An advocate may not appear before a commercial court unless certified by the council for legal education or given permission by the Judge in charge of the Commercial Court for a specific case.

An advocate may be required to produce written authority, and service on a recognised agent is treated as effective as service on the party unless the court directs otherwise.

The court may require an advocate to show written authority to act for a party who has not appeared in person or through a recognised agent.

Service on a party’s advocate is treated as service on the party, unless the court orders otherwise. An agent’s acceptance of service and appointment must be in writing and filed in court.

A person living within the court’s jurisdiction may be appointed to accept service of process, but the appointment must be in writing and signed by the principal, and filed in court.

A suit is filed by presenting a plaint to the court or an appointed officer, and the plaint must follow the applicable procedural rules.

The court must enter the particulars of every suit in a register of civil suits and number the entries each year in the order plaints are presented.

If a suit has been duly instituted, the Judge or Magistrate in Charge must assign it to a specific Judge or Magistrate.

A court may issue a summons to the defendant to file a written defence, and must strike out the suit if service of that summons is not effected because the plaintiff did not pay service fees or serve in time.

A summons must be signed manually or electronically by a Judge, a Magistrate, or an officer appointed by the Chief Justice, and it must be sealed with the court seal.

A summons must be sent with a copy of the plaint and any other documents the Chief Justice prescribes.

The presiding Judge, Magistrate, or Registrar must set a hearing date for both parties after summons are issued, and must account for time needed for service and for defence/reply filings.

This section says summons are to be sent to the proper officer for service, unless the court directs otherwise, and a proper officer may be from another court.

A summons must be served within 14 days after it is received, using a copy signed by a judge, magistrate, or an officer appointed by the Chief Justice and sealed with the Court seal.

If there is more than one defendant, the summons must be served on each one, and service should be on the defendant personally when practicable or on the defendant’s agent if the agent carries on the business.

If practicable, service should be made on the defendant personally; if the defendant has an agent authorized to accept service, serving that agent is enough.

Service on a manager or agent can count as good service in certain suits about business or work, and a ship’s master is treated as the owner’s or charterer’s agent for this rule.

If personal service cannot be made on the defendant in a suit about immovable property, and the defendant has no agent authorized to accept service, service may be made on any agent in charge of the property.

If the defendant cannot be served at home because he is absent, unlikely to be found soon, and has no agent to accept service, the summons may be served on an adult family member living with him.

If a serving officer gives the summons to the defendant or someone acting for the defendant, that person must sign an acknowledgement on the original summons. If they refuse, the officer must leave a copy and send the original back to court with an affidavit.

If the defendant cannot be found and no one is available to accept service, the serving officer must post a copy of the summons on the house and then return the original to the court within 14 days with a report.

The serving officer must, within 14 days after service, record on the original summons how and when it was served and the identifying details of any person who witnessed delivery or tender.

If the defendant is absent from home, cannot likely be found there soon, and has no agent to accept service, the summons may be served on an adult family member of sound mind living with him.

If the court thinks the defendant is avoiding service or ordinary service is not possible, it must order substituted service of the summons and set a time for the defendant to appear.

The court may order a summons to be served by post, and must set the defendant’s appearance time when service is by post.

A court issuing a summons may send the original and a copy to another court, or to the High Court of Zanzibar or a subordinate court, for service on the defendant in the stated cases.

The court receiving the summons must treat it as if it had issued the summons, then return it to the court of issue within 14 days after completing the proceeding.

If a defendant is in prison, the summons must be delivered or sent to the officer in charge of the prison for service on the defendant.

If the defendant is a government or local government officer, the court may send the summons to the head of the office where the defendant works for service.

If the defendant is in the armed forces, the court must send the original summons and a copy to the defendant’s commanding officer for service.

A person who receives a summons for service must serve it if possible and return it within 14 days with the defendant’s acknowledgement or a certificate of service; if service is impossible, the summons must be returned to court with a statement explaining why and what was done.

If a defendant is believed to live in Kenya, Uganda, Malawi, or Zambia and has no known agent in Tanzania to accept service, the summons may be served by post, through the courts of that country, or with court leave by the plaintiff or the plaintiff’s agent.

If the defendant is believed to live outside Tanzania and has no agent in Tanzania to accept service, the court may order service of the summons by post, by the plaintiff or the plaintiff’s agent, or through the courts of the defendant’s country of residence.

Service by post may count as duly effected if one of the listed forms of proof is present.

Service may be treated as properly done if the person who served the summons files an affidavit meeting the stated requirements.

A summons served through the courts of the defendant’s presumed country of residence may count as duly served if that court returns it with an endorsement that it has been served.

Section 29 sets out how a summons is sent for service outside Tanzania, including when courts and the Registrar must forward documents and when payment for service costs is required.

Substituted service may be done electronically by email or fax using addresses previously disclosed or used between the parties.

This provision defines “pleading” for this section.

A party filing a pleading must provide or arrange copies for the other side, and in some cases the court must serve them.

Every pleading must state the material facts concisely and not include the evidence.

A party pleading must state the necessary particulars in the pleading when relying on misrepresentation, fraud, breach of trust, wilful default, undue influence, or any allegation that needs particulars.

A further and better statement or particulars may be ordered on terms that are just, including as to costs.

A party pleading must clearly state any contested condition precedent, and pleadings are taken to include the other necessary conditions precedent. A pleading also must not raise a new ground of claim or inconsistent facts unless amended.

If a contract is alleged in a pleading, a bare denial is treated only as denying the factual contract alleged, not as denying its legality or legal sufficiency.

In a pleading, it is enough to state the effect of a material document briefly, unless the exact words themselves are material.

If it is material to allege a person’s mental state, it is enough to state it as a fact without explaining the supporting circumstances.

When notice must be alleged, it is enough to state the notice as a fact unless its form, exact terms, or inferable circumstances are material.

A person pleading may state an implied contract or relation as a fact and refer generally to the supporting letters, conversations, or circumstances without detailing them.

In a pleading, neither party has to allege facts the law presumes in its favour or facts the other side must prove, unless those facts have first been specifically denied.

A pleading must be signed by the party and, if there is one, the party’s advocate.

Pleadings must be verified, and the verifier must say which parts are from personal knowledge and which are from information believed true; the verification must also be signed and dated with the place of signing.

The court may, at any stage of the proceedings, order a pleading matter to be struck out or amended if it is unnecessary, scandalous, or may prejudice, embarrass, or delay a fair trial.

The court may let either party change or amend a pleading at any stage of the proceedings.

A party who has leave to amend must do so within the time set by the order, or within 14 days if no time is set, unless the court extends the time.

A plaint must include specified details about the court, parties, facts, jurisdiction, relief claimed, set-off or relinquished claim amounts, and the value of the subject matter.

If a plaintiff seeks money recovery, the plaint must state the precise amount claimed, except in certain cases where only an approximate amount is required.

A plaint about immovable property must describe the property well enough to identify it, and if it can be identified by a title number, the plaint must state that title number.

If a plaintiff sues in a representative character, the plaint must show the plaintiff’s existing interest in the subject matter and any steps needed to start the suit.

A plaint must show that the defendant is interested in the subject matter and can be called on to answer the plaintiff’s demand.

If a suit is filed after the limitation period has expired, the plaint must state the ground for claiming exemption from the limitation law.

A plaint must clearly state the relief claimed, and the same rule also applies to relief claimed by a defendant in a written statement.

If a plaintiff seeks relief for several separate claims or causes of action based on separate grounds, those claims should be stated separately and distinctly as far as possible.

The plaintiff must either endorse on the plaint or attach a list of the documents produced with it, and the clerk of court must sign the list if it is correct.

When a plaint is returned, the judge or magistrate must endorse the date of presentation and return, the presenting party’s name, and the reasons for returning it.

A court must reject a plaint in specified cases, but it may let the plaintiff amend it if the defect can be cured.

If a plaint is rejected, the judge or magistrate must record the rejection order and give reasons. Rejection of a plaint does not prevent a fresh plaint from being presented.

If a plaint is rejected on any rule 11 ground, the plaintiff may still file a fresh plaint for the same cause of action.

A plaintiff who sues on a document must produce it in court when the plaint is filed and give the document or a copy for filing. Other supporting documents must be listed with the plaint.

If a document is not with the plaintiff, the plaintiff must, if possible, state who has it.

If a suit is based on a negotiable instrument that is proved lost, the court may still issue the same decree if the plaintiff gives an indemnity to the court’s satisfaction.

If a plaintiff sues on an entry in a shop book or other account in their possession, they must file the book or account and a copy of the entry when filing the plaint.

A plaintiff’s document that should have been filed with the plaint cannot be used as evidence at the hearing unless the court gives leave.

A defendant who has been served with a summons and wants to defend the case must file a written defence within 21 days and appear on the date in the summons.

The defendant must raise certain defenses and objections in the pleading.

A defendant must specifically answer each allegation of fact that is not admitted, in a written statement; this does not apply to damages.

A defendant who denies a fact in a plaint must answer the substance, not evade it.

A fact alleged in a plaint is treated as admitted if the defendant does not specifically deny it or say it is not admitted, except for a person under disability.

A defendant in a money-recovery suit may file a written set-off statement within 21 days after being served with the summons, but not for tax, duty, or penalty debts.

If a defendant relies on multiple distinct grounds of defence or set-off based on separate facts, they must be stated separately and distinctly as far as possible.

A defendant or plaintiff may raise a defence that arose after the suit started, or after a written statement claiming set-off was filed, in a written statement.

A defendant may include a counterclaim or related relief in a written defence, but not in tax, duty, or penalty recovery suits.

A defendant may join another person as a party to a counterclaim, and if he does so he must add the required title and serve the defence and notice on that person.

If a defendant raises a counterclaim, the plaintiff or any joined party who wants to dispute it must file a written reply with a defence answer within 21 days after service of the counterclaim.

The court can separate or strike out a counterclaim, and later pleadings generally need the court’s leave. A plaintiff may reply without leave within seven days after service of the defence in the stated situation.

If a defence is not filed on time, the court may set the matter down for the plaintiff’s evidence after service is proved and the plaintiff applies orally to proceed ex parte. The court may also set aside the ex parte order for good cause, and any decree under this rule cannot be executed for 60 days after judgment.

The court may set aside or vary a default judgment if the aggrieved party applies within 60 days and shows good cause; if the judgment is set aside, a defence must be filed and served by the court-set deadline, or the judgment revives.

Once the required pleadings have been filed, the case becomes ready for mediation.

The court must call the parties to appear within 14 days after pleadings are complete, rule on interim applications within 14 days after hearing them, and can dismiss or vary orders if a party does not appear.

The court may hold a pre-trial conference before a case is tried and may give directions, require information, and enter judgment or orders if the parties settle.

Parties must be told when the pre-trial conference will be held, and each party must follow any directions given orally or in the notice.

If parties do not attend a pre-trial conference, the court may take several steps, including dismissal or judgment; if everyone fails to attend after the first adjournment, the court must dismiss the suit.

If a party does not comply with directions, the court may dismiss the suit, strike out the defence, order costs, or make any other just order.

A judge or magistrate assigned to a case must hold a first pre-trial settlement and scheduling conference within 21 days after pleadings end, then set the case’s speed track and scheduling order.

A scheduling conference order can only be departed from or amended if the court is satisfied it is necessary in the interests of justice.

The court must refer every civil action to negotiation, conciliation, mediation, arbitration, or a similar alternative procedure before trial, unless written law says otherwise.

The court must get the parties to choose and file a mediator’s name within 14 days after pleadings are complete, and if they do not, the court will appoint one.

In mediation, the parties should work to cut costs and delays, and the mediator must help the parties communicate and move toward a fair, mutually acceptable resolution.

Parties represented by a party or advocate must attend the mediation session. A third party or the third party’s advocate may also attend if the third party may be liable to satisfy or reimburse a judgment, unless the court orders otherwise.

A party in mediation may settle matters during the session, and if a party needs someone else’s approval to settle, that party must arrange a way to contact that person throughout the session.

If a party fails to attend a scheduled mediation session without good cause, the mediator must send the file to the trial judge or magistrate, who may take further orders.

A dissatisfied party must apply to court within 7 days to restore a suit or defence, and the court must decide the application within 14 days.

A party to a mediation may not use mediation statements or information as evidence in court or later settlement efforts, except in fraud-related proceedings to set aside the settlement agreement.

The mediation period must not be longer than 30 days from the first mediation session.

A mediation ends if the parties settle, the mediator declares further mediation is not worthwhile, or 30 days pass from the first mediation session.

The mediator must send the record to the trial court at the end of mediation, immediately or within 48 hours.

If a dispute is sent to arbitration by court order, it must be handled under the Second Schedule to this Code.

The court may send a disputed matter to negotiation or conciliation if a party asks and the other party agrees. The parties must pay the costs of those negotiations or conciliation.

The negotiation or conciliation period must not exceed 30 days from referral by the trial court, unless the trial court extends it.

A negotiation or conciliation ends if the parties settle and notify the court, if either side says further negotiation is not worthwhile, or when the period expires.

Parties must send the settlement agreement to the trial court right after negotiation or conciliation ends, or within 48 hours.

If a case is not settled through negotiation, conciliation, mediation, arbitration, or a similar process, it must move to a final pre-trial settlement and scheduling conference.

If a case’s assigned speed track expires before the suit ends, the court must take specified steps depending on who caused the delay.

The parties must attend on the fixed hearing day, in person or through a recognised agent or advocate, unless the hearing is adjourned.

If neither party appears when the suit is called for hearing, the court may dismiss the suit.

If a suit is dismissed under rule 2, the plaintiff may start a fresh suit (subject to limitation law) or ask to have the dismissal set aside; if good cause for non-appearance is shown, the court must set aside the dismissal and fix a new hearing day.

If a suit was heard ex parte and the defendant appears in time and shows good cause for not attending earlier, the court may let the defendant be heard, on terms the court sets.

If the defendant appears and the plaintiff does not appear at the hearing, the court must dismiss the suit unless the defendant admits the claim or part of it.

If a suit is dismissed under rule 8, the plaintiff cannot file a new suit on the same cause of action, but may ask the court to set the dismissal aside.

If there are multiple plaintiffs and some appear while others do not, the court may let the case continue as if all had appeared or make any other order it thinks fit.

If there is more than one defendant and some do not appear, the case may continue and the court must decide what order to make about the absent defendants when judgment is pronounced.

A defendant against whom an ex parte decree is passed may ask the court to set it aside, but notice of the application must be served before the decree or judgment is set aside.

At the first hearing, the court must ask each party or their advocate whether they admit or deny the other side’s factual allegations and must record the answers.

The court may orally examine a party or certain accompanying persons at the first hearing or any later hearing, and may ask questions suggested by either party.

The judge or magistrate must put the substance of the examination into writing and make it part of the record.

If a party’s advocate cannot answer a material question, the court may delay the hearing and require the party to appear in person.

A plaintiff or defendant may, with the court’s leave, deliver written interrogatories in a suit, but the interrogatories must identify who must answer each question.

On an application to deliver interrogatories, the court considers the proposed questions and may allow only those it thinks are necessary.

The court or taxing officer may inquire into whether interrogatories were properly put, and if they were unreasonable, vexatious, or too long, the party at fault must pay the resulting costs.

If a party to a suit is a corporation or similar body, the opposite party may ask for an order to serve interrogatories on a member or officer.

Objections to answering an interrogatory may be raised in the affidavit in answer.

Interrogatories may be set aside or struck out if they are unreasonable, vexatious, prolix, oppressive, unnecessary, or scandalous.

Interrogatories must be answered by affidavit, usually within ten days unless the court allows more time.

If a person questioned in an inquiry does not answer or answers inadequately, the questioning party may ask the court for an order requiring further answers; the court must not make that order where a law allows or requires refusal on public interest grounds.

Any party may ask the court to order another party to disclose documents on oath, but the court can refuse, adjourn, or limit discovery, and must not order it if it is unnecessary or if a Minister’s public-interest certificate is produced.

A party ordered under rule 10 must state in an affidavit which documents, if any, they object to producing.

The court may order a party to produce relevant documents during a suit, but not if the document may be withheld because disclosure would harm the public interest.

Parties may require another party to produce a referenced document for inspection and copying, and failure to comply can block that document from being used as evidence unless the court accepts an excuse.

A person who receives a notice must respond within 10 days with a notice fixing an inspection time and stating any objections to producing documents.

The court may order document inspection on application, but it must not do so if inspection is unnecessary for a fair disposal of the suit or for saving costs, or if a Minister’s certificate says inspection would harm the public interest.

The court may order document inspection by copy or affidavit, and may also inspect documents itself in privilege disputes.

If discovery or inspection is objected to, the court may decide the disputed issue first and postpone the discovery question.

If a party does not comply with an order to answer interrogatories or provide discovery/inspection of documents, the court may make an order that can dismiss a plaintiff’s suit or strike out a defendant’s defence.

Any party may use one or more answers, or part of an answer, from the other party’s interrogatories as evidence at trial, and the court may require the full answers to be filed if needed.

This Order applies to minor plaintiffs and defendants, and to next friends and guardians acting in suits for persons under disability.

A party to a suit may give written notice admitting all or part of another party’s case.

Either party may ask the other to admit a document. If a party refuses or neglects after notice, that party must pay the costs of proving the document, unless the court directs otherwise.

A party may ask another party in writing to admit facts before the hearing, and if the other party refuses or does not respond in time, that party may have to pay the costs of proving those facts. The court can also allow admissions to be amended or withdrawn.

A party may apply to the court for judgment or an order based on admissions of fact, without waiting for other issues to be decided.

An advocate’s or clerk’s affidavit about a due signature on an admission can be accepted as sufficient evidence of that admission, if proof is needed.