Tanzania
Chattels Transfer Act
Chapter 210
- Published in Tanzania Government Gazette
- Commenced on 2 October 1942
- [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.]
Part I – Preliminary provisions (ss. 1-4)
1. Short title
This Act may be cited as the Chattels Transfer Act.2. Interpretation
In this Act, unless the context requires otherwise—"authorised person" means a person or class of persons who is authorised by the Minister under the provisions of section 52;"chattels" means any movable property that can be completely transferred by delivery, and includes machinery, stock and the natural increase of stock as hereinafter mentioned, crops, and wool, but does not include—(a)title-deeds, things in action, other than a debt or negotiable instruments;(b)shares and interests in the stock, funds or securities of any Government or local authority;(c)shares and interests in the capital or property of any company or other corporate body; or(d)debentures and interest coupons issued by any Government, or local authority, or company, or other corporate body;"crops" means coffee berries, tea leaves, sisal leaves, sugar cane, cotton, hemp, hop, wheat, maize, wattle, barley, oats, and grass, whether for hay or for grain, and all cereal and root crops, fruit, and all other crops grown above or below the ground;"executed" means signed by the grantor or his attorney;"factory" or "workshop" means any premises on which any manual labour is exercised by way of trade or for purposes of gain in or about the making, altering, repairing, ornamenting, finishing, or adapting for sale of any article or part of any article;"grantee" means the party to an instrument to whom chattels therein referred to, or any interest therein, are thereby granted or assigned, or agreed so to be, and includes his executors, administrators and assigns, and in the case of a company or corporation includes the successors and assigns of such company or corporation;"grantor" means the party to an instrument who thereby grants or assigns, or agrees to grant or assign, chattels therein referred to, or any interest therein, and includes his executors, administrators, and assigns, and in the case of a company or corporation includes the successors and assigns of such company or corporation;"instrument" means any instrument given to secure the payment of money or the performance of some obligation and includes any bill of sale, mortgage, lien, or any other document that transfers or purports to transfer the property in or right to the possession of chattels, whether permanently or temporarily, whether absolutely or conditionally, and whether by way of sale, security, pledge, gift, settlement, or lease, and also the following—(a)inventories of chattels with receipt thereto attached;(b)receipts for purchase-money of chattels;(c)other assurances of chattels;(d)declarations of trust without transfer;(e)powers of attorney, authorities, or licences to take possession of chattels as security for any debt;(f)any agreement, whether intended to be followed by the execution of any other instrument or not, by which a right in equity to any chattels, or to any charge or security thereon or thereover, is conferred;"instrument" does not include the following—(a)securities over, or leases of, fixtures (except "trade machinery" as hereinafter defined, when mortgaged or charged apart from the land to which it is attached) when mortgaged, charged or leased in any mortgage, charge or lease of any freehold or leasehold interest in any land or building to which they are affixed, and whether or not such fixtures are specifically included in such mortgage, charge or lease by mention thereof in separate words;(b)assignments for the benefit of the creditors of the person making the same;(c)transfers of or agreements to transfer instruments by way of security;(d)transfers or assignments of any ship or vessel or any share thereof;(e)transfers of chattels in the ordinary course of business of any trade or calling;(f)debentures and interest coupons issued by any Government or local authority;(g)bills of sale of chattels in any foreign parts, or at sea;(h)bills of lading, warehouse-keepers' certificates, warrants, or orders for the delivery of chattels, entries in auctioneers' books, or any other document used in the ordinary course of business as proof of the possession or control of chattels, or authorising or purporting to authorise, either by endorsement or delivery, the possessor of such document to transfer or receive the chattels thereby represented;(i)debentures and interest coupons issued by any company or other corporate body and secured upon the capital stock or chattels of such company or other corporate body;(j)mortgage or charges granted or created by a company incorporated or registered under the Companies Act2;(k)hire-purchase agreements;(l)mortgages or charges granted or created by a co-operative society registered under the Co-operative Societies Act3;(m)mortgages or charges deemed to have been granted or created by a Board established or deemed to have been established under the Agricultural Products (Control and Marketing) Act4 (repealed by the National Milling Corporation Act5);(n)mortgages and charges granted or created by the Tanzania Co-operative and Rural Development Bank6 or deemed to have been granted or created by the National Co-operative Bank registered under the Co-operative Societies Act7;"Minister" means the Minister responsible for lands;"prescribed" means prescribed by rules made under this Act;"Registrar" means the Registrar appointed under the provisions of section 3 and includes an Assistant Registrar;"registration" means the filing of an instrument with schedule or inventories, or a true copy thereof;"schedule" includes inventory;"stock" includes any sheep, cattle, horse, pig, poultry, and any other living animal;"trade machinery" means the machinery used in or attached to any factory or workshop and machinery and plant used in connection with the production, preparation or manufacture of agricultural products, but does not include—(a)the fixed motive powers, such as the waterwheels, and steam and other engines and the steam boilers, donkey engines and other fixed appurtenances of the said motive powers;(b)the fixed power machinery, (such as the shafts, wheels, drums and their fixed appurtenances), for transmitting the action of the motive powers to the other machinery, fixed and loose; or(c)the pipes for steam, gas and water.3. Administration
The Minister shall appoint a Registrar to perform the duties and exercise the powers imposed and conferred by this Act, and may appoint any number of Assistant Registrars, who shall be subject to the directions of the Registrar.4. Attornment or agreement giving power of distress by way of security to be instrument within meaning of Act
Part II – Registration and renewal of registration (ss. 5-10)
5. Registration of instrument to be noticed
6. Mode of registration
Registration of an instrument shall be effected by filing the instrument and all schedules endorsed on, annexed thereto, or referred to therein, or a true copy of such instrument and the schedules, in the office of the Registrar.7. Register book and index to be kept
8. Fee on registration
There shall be paid to the Registrar upon the registration of every instrument such fees as may be prescribed.9. Time for registration may be extended, and mistakes in register corrected
The High Court, on being satisfied that the omission to register an affidavit of renewal within the time prescribed by this Act or according to the form or effect required by this Act or that the omission or mis-statement in the Register or in any affidavit of the name, residence, or occupation of any person, or of any other matter was accidental or due to inadvertence, may order such omission or mis-statement to be rectified by extending the time for registration, or by the filing of a supplementary affidavit, or by the insertion in the register of the true name, residence, or occupation on such terms and conditions as it thinks fit.10. Registration to be renewed every five years
Mode of renewal
Fee on renewal
Part III – Searches and office copies (ss. 11-12)
11. Register book and instruments may be searched and viewed
The register books and indexes and every instrument registered or the filed copy thereof, may be searched and viewed by all persons during the office hours hours of the Registrar upon payment of the prescribed fee for every search against any one person.12. Office copies may be obtained on payment
Any person shall be entitled to have an office copy or an extract of or from any instrument with the schedules filed therewith, or of or from the copy thereof registered as aforesaid, and an office copy of an affidavit filed under this Act, on paying the prescribed fee or if he makes such copy or extract himself the Registrar shall, upon satisfying himself that such copy or extract is correctly made, certify the same upon payment of the prescribed fee.Part IV – Effect of non-registration (ss. 13-14)
13. Unregistered instruments to be void in certain cases
14. Instruments not registered within time limit not to affect bona fide purchaser for value without notice
No unregistered instrument comprising any chattels shall, without express notice, be valid and effectual as against any bona fide purchaser or mortgagee for valuable consideration, or as against any person selling or bona fide dealing with such chattels as auctioneer or dealer or agent in the ordinary course of his business.Part V – Instruments generally (ss. 15-22)
15. Instrument to be attested by an authorised person
Sealing shall not be essential to the validity of an instrument, but the execution by each person executing the instrument shall be attested in the prescribed manner by an authorised person.16. Instrument deemed to be made on date of execution
Every instrument shall be deemed to be made on the date on which it is executed and, if there are more grantors than one, such date shall be the date of execution by the grantor who last executes that instrument.17. Instrument to take effect from the date of registration
Every instrument shall take effect from the date of registration thereof.18. Instrument to have inventory of chattels
Every instrument shall contain or shall have endorsed thereon or annexed thereto, a schedule of the chattels comprised therein, and, except as is otherwise expressly provided by this Act, shall give a good title only to the chattels described in the said schedule, and shall be void as against the persons mentioned in sections 13 and 14 hereof in respect of any chattels not so described.19. Instrument void where grantor not owner of chattels
Except as is otherwise expressly provided by this Act, an instrument shall be void as against the persons mentioned in sections 13 and 14 in respect of any of chattels which the grantor acquires or becomes entitled to after the time of the execution of the instrument.20. Instrument subject to defeasance, etc., void in certain cases
21. Saving
Nothing in sections 18, 19 and 20 shall render an instrument void in respect of any of the following chattels, that is to say—22. Saving of laws prescribing formalities as to execution of instruments or securing rights thereunder
Nothing in this Act shall be deemed to affect any law for the time being in force—Part VI – Form of instruments (ss. 23-24)
23. Form of instrument by way of security
24. Where successive securities are given over same chattels
Where an instrument is executed after the execution of a prior instrument which has never been registered, and comprises all or any of the chattels comprised in such prior instrument, then if such subsequent instrument is given as a security for the same debt as is secured by the prior instrument, or for any part of such debt, it shall, to the extent to which it is a security for the same debt or part thereof, and so far as respects the chattels comprised in the prior instrument, be void as against the persons mentioned in sections 13 and 14 hereof, unless it is proved to the court having cognisance of the case that the subsequent instrument was bona fide given for the purpose of correcting some material error in the prior instrument, and not for the purpose of evading this Act.Part VII – Instruments comprising stock (ss. 25-26)
25. How stock to be described
Where stock are comprised in any instrument they shall be described or referred to therein or in the schedule thereto by some brand or brands, earmark or earmarks, or other mark or marks upon them or shall be so described or referred to by sex, age, name, colour or other mode of description as to be reasonably capable of identification, otherwise the instrument shall be void as against the persons mentioned in sections 13 and 14, so far as regards such or so much of such stock as are not so described or referred to or are not reasonably capable of identification; and the land or premises on which such stock are or are intended to be depastured or kept shall be described or mentioned in such instrument or schedule.26. Stock to include increase of stock, etc.
An instrument comprising stock shall, unless the contrary be expressed therein, be deemed to include not only the stock comprised therein as provided by section 25, but also the natural increase of such stock, and all stock of the class or classes described in the instrument, the property of the grantor, branded, earmarked, or marked as specified in the instrument, or which the grantor has covenanted or agreed by such instrument to so brand, earmark, or mark, and which after the execution of such instrument are depasturing or are at, in, or upon any lands or premises mentioned in such instrument or in the schedule thereto, or any land and premises used and worked as part of the first-mentioned land and premises, whether or not such stock be removed therefrom and the grantee shall have the same legal property and right in all stock which by force of this section are deemed to be included in the instrument as he has in the stock described in the instrument or in the schedule thereto.Part VIII – Assignment of book and other debts (ss. 27-28)
27. Instrument may comprise book debts
28. Assignments of moneys payable to suppliers of dairy produce
Part IX – Securities over crops and wool (ss. 29-34)
29. Security may be given over crops
An instrument may be granted over the crops described or referred to therein or in the schedule thereto then actually sown or growing or planted or to be sown or grown or planted, in or upon the lands mentioned in the instrument, and shall entitle the grantee thereof to the whole of the crops therein mentioned, not only while growing, but afterwards when cut or separated from the soil, and whether stacked or stored on the land where the same were grown or on any other land or premises, or whether the nature of the crop has been altered by a process of curing or manufacture.30. Saving of rights of landlord or mortgages
31. Security may be given over wool
An instrument may be granted over the wool of the next ensuring clip to be shorn from the sheep described or referred to therein, or in the schedule thereto, then depasturing upon the lands mentioned therein or in such schedule, and shall entitle the grantee to the wool of such sheep, not only while growing but afterwards when shorn from the sheep, and wherever such wool may be.32. Wool securities not affected by sale, etc., of sheep
No subsequent sale, mortgage, or other encumbrance of or affecting the sheep mentioned in any such instrument shall extinguish, suspend, impair, or prejudicially affect that instrument if duly registered, or the rights of the grantee thereof to the wool specified or referred to therein.33. Security may be given over wool of mortgaged sheep
The grantor of any instrument over sheep may, with the consent in writing of the grantee thereof, and so far as is authorised by such consent, but not otherwise, give to some third person a valid security on the next ensuing clip of the wool of such sheep.34. Further provision as to security given over wool
Part X – Entry of satisfaction (ss. 35-38)
35. Memorandum of satisfaction may be filed
36. Effect of filing memorandum
From and after the filing of any memorandum the debt or charge created by the instrument shall be vacated to the extent specified in the memorandum, and the interest of the grantee of the chattels expressed to be discharged shall vest in the person for the time being entitled to the equity of redemption but so far only as such interest is expressed by the memorandum to be determined, and subject to any lien or equity affecting the chattels.37. Public Trustee may sign memorandum
Where the grantee of an instrument by way of security is absent from Tanzania and there is no person in Tanzania authorised to discharge the same on his behalf at or after the date appointed for the payment of the moneys secured by that instrument, the Public Trustee may receive the moneys in trust for the person entitled thereto, and may sign a memorandum of satisfaction in lieu of that person, and upon the filing thereof of the memorandum, signed by the Public Trustee, shall be as effectual as a memorandum signed by the person entitled to the moneys.38. Judge may order memorandum to be filed
The High Court may, upon application made for that purpose, order a memorandum of satisfaction to be filed in respect of any instrument if it appears that the debt (if any) for which the instrument was given as security has been satisfied or discharged, or that the obligation for securing the performance of which the instrument was given has been performed; and thereupon the order may be filed by the Registrar and entered in his book in like manner as if the same were a memorandum within the meaning of section 35.Part XI – Sales and sale of grantor's interest (ss. 39-41)
39. Sales
Chattels under this Act or any part thereof may be sold along with or separately from land (if any) mortgaged to secure payment of the same moneys as are secured by any instrument under this Act.40. Grantor's interest in chattels may be sold in execution of judgment against him
41. Not to affect interpleader process
Nothing in the section 40 shall be deemed to affect the right of an execution creditor to test the process validity of any instrument by interpleader.Part XII – Implied covenants, etc. (ss. 42-47)
42. Covenants for title
There shall be implied in every instrument the covenants for title on the part of the grantor set forth in the First Schedule, and such implied covenants shall have the same effect as if the same were respectively set out at length in the instrument.43. Covenants, etc., implied in instruments
There shall be implied in every instrument the covenants, provisos, agreements and powers set out in the Second Schedule or such of them as are applicable; and such implied covenants, provisos, agreements and powers shall, subject to any modifications of the same expressed in the instrument, have the same effect as if the same were respectively set out therein at length.44. Meaning of abbreviated expressions
The expressions defined in section 2 hereof or in the Third Schedule as are used in any instrument, or in any of the covenants, provisos, agreements or powers implied therein by this Act, shall, unless the contrary is expressed in such instrument, or unless manifestly inconsistent with the context, have the meanings given to the same in section 2 or the Third Schedule, and such meanings shall be implied in such instrument as fully and effectually as if the same were set out therein.45. Covenants to be several as well as joint
Where there are two or more grantors or two or more grantees of any instrument, then any covenants, conditions, provisos, agreements and powers expressed in such instrument, or implied therein by this Act, and imposing an obligation on such grantors or grantees, or enuring for the benefit of such grantors or grantees, shall, except in so far as a contrary intention appears, be deemed to impose such obligation, or confer such benefit, as the case may be, severally as well as jointly.46. Covenants to bind executors
Except in so far as the contrary intention appears, all covenants, conditions, provisos, agreements and powers expressed in any instrument, or implied therein by this Act, shall bind the executors, administrators and assigns of the person, or the successors and assigns of a company or corporation, upon whom such covenants, conditions, provisos, agreements and powers impose an obligation, and shall operate for the benefit of the executors, administrators and assigns of the person, or the successors and assigns of the company or corporation, for whose benefit the same enure.47. Covenants may be negatived or varied
All or any of the covenants, provisos, conditions, agreements or powers set forth in the First, Second and Third Schedules may be negatived, modified or altered, or others may be added to them, by express words in the instrument.Part XIII – Transfers of instruments (ss. 48-49)
48. Form of transfer of instrument to executors
Every instrument may be transferred by a document in the prescribed form or the like effect, and every transferee, his executors, administrators and assigns, shall, in respect of the instrument transferred, have the same rights, powers and remedies, and be subject to the same obligations, as the transferor.49. Registration of transfers
Transfers of instruments may be registered at any time after the execution in like manner as instruments are registered; and, in case two or more transfers of any one such instrument are executed, a registered transfer shall have priority over an unregistered transfer, and, in case two or more transfers of any one such instrument are registered, priority shall be given to such transfers in the order of their time of registration.Part XIV – Penal provisions (ss. 50-53)
50. Attempt to defraud grantee
51. Stamp duty payable
The stamp duty payable on an instrument under this Act, other than a receipt for the purchase money of chattels, shall be one shilling, which shall be denoted by means of an adhesive stamp duly cancelled by the person executing the instrument.52. Authorised persons
The Minister may by notice published in the Gazette authorise any person or class of persons to attest the execution of instruments under the provisions of this Act.53. Rules
The Minister may make rules for the better carrying out of the purposes and provisions of this Act and in particular but without prejudice to the generality of the foregoing may make rules with respect to—History of this document
31 July 2002 this version
Consolidation
02 October 1942
Commenced
Cited documents 2
Legislation 2
1. | Bankruptcy Act | 6 citations |
2. | Co-operative and Rural Development Bank (Repeal and Transitional Provisions) Act | 2 citations |
Documents citing this one 8
Judgment 6
Legislation 2
1. | Bankruptcy Act | 6 citations |
2. | Land Registration Act | 2 citations |