Tanzania
Public Officers (Recovery of Debts) Act
Specified Officers (Recovery of Debts) (Appeals) Rules, 1970
Government Notice 96 of 1970
- Published in Tanzania Government Gazette
- Commenced on 1 May 1970
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1.
These Rules may be cited as the Specified Officers (Recovery of Debts) (Appeals) Rules.2.
In these Rules, unless the context otherwise requires—"the Act" means the Specified Officers (Recovery of Debts) Act1;"the appellant" means the specified officer appealing under section 7 of the Act;"the court" means the court of a resident magistrate within the jurisdiction of which the appellant ordinarily resides or works for gain;"the notice" means the notice given to the appellant under section 6 of the Act.3.
Every appeal under section 7 of the Act shall be by way of a petition filed in the court and shall be accompanied by a copy of the notice.4.
In every appeal under section 7 of the Act, the Attorney-General shall be made a party thereto as the respondent.5.
A copy of the petition, together with a copy of the notice, shall be served upon the Attorney-General and upon the proper authority issuing the notice as soon as may be practicable after the petition is filed.6.
Every petition of appeal shall set forth, concisely and under distinct heads, the grounds of objection to the notice appealed against and such grounds shall be numbered consecutively.7.
In every appeal under section 7 either party shall have a right to be represented by an advocate.8.
9.
The provisions of rules, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 30, 31, 32, 33, 35 and 36 of Order XXXIX of the Civil Procedure Code3 shall apply mutatis mutandis to appeals under section 7; and for the purposes of these Rules, references in the said rules of Order XXXIX—10.
11.
For the avoidance of doubts it is hereby declared that the court shall have jurisdiction to entertain appeals under section 7 of the Act notwithstanding that the amount involved in any such appeal exceeds the pecuniary jurisdiction of the court.History of this document
31 July 2002 this version
Consolidation
01 May 1970
Commenced