Tanzania
Hire Purchase Act
Chapter 14
- Published in Tanzania Government Gazette
- Commenced on 1 November 1966
- [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. Short title
This Act may be cited as the Hire Purchase Act.2. Interpretation
3. Application of Act
This Act shall apply to and in respect of all hire purchase agreements entered into after the commencement of this Act under which the hire purchase price does not exceed the sum of sixty thousand shillings.4. Establishment of Registry
5. Hire purchase agreements to be registered
6. Requirements relating to hire purchase agreements
7. Avoidance of certain provisions
Any provision in any agreement—8. Conditions and warranties to be implied in hire purchase agreements
9. Duty of hirer to give information as to whereabouts of goods
10. Removal of goods from Tanzania
11. Power of court to allow goods to be removed
Where the terms of a hire purchase agreement require the hirer to keep the goods comprised in the agreement in his possession or control at a particular place or not to remove the goods from a particular place, the court may, on the application of the hirer and after hearing any representations made by or on behalf of the owner, make an order approving the removal of the goods to some other place within Mainland Tanzania, which place shall, for the purposes of the agreement, be substituted for the first mentioned place.12. Duty of owner to supply documents and information
13. Appropriation of payments where more than one agreement
A hirer who is liable to make payments in respect of two or more hire purchase agreements to the same owner shall, notwithstanding any agreement to the contrary, be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to appropriate the sum so paid or towards the satisfaction of the sum due under any one of the agreements, or in or towards the satisfaction of the sums due under any two or more of the agreements in such proportions as the hirer thinks fit, and, if the hirer fails to make any such appropriation, such payment shall by virtue of this section be appropriated in or towards the satisfaction of the sums due under the respective hire purchase agreements in the order in which such agreements were made.14. Right of hirer to determine hire purchase agreement
15. Hirer to be entitled to finalise agreement at any time
16. Evidence of adverse detention in action by owner to recover possession of goods
17. Restriction of owner's right to recover possession of goods otherwise than by action
18. Powers of court in certain actions by owner to recover possession of goods
19. Owner to account for proceeds of sale
Notwithstanding any provision to the contrary contained in a hire purchase agreement, where the owner enforces a right to recover possession of the goods from the hirer otherwise than by suit, the owner shall sell the goods as soon as is reasonably possible and shall be liable to account for and pay to the hirer, such part of the proceeds of sale which exceeds the sum of the unpaid balance of the hire purchase price and the expenses necessarily incurred by the owner in recovering possession of and selling the goods.20. Effect of postponement of an order for specific delivery of goods to owner
21. Successive hire purchase agreements between same parties
Where goods have been let under a hire purchase agreement and at any time after two-thirds of the hire purchase price has been paid or tendered, the owner makes a further hire purchase agreement with the hirer comprising those goods, the provisions of sections 17 and 18 shall have effect in relation to that further agreement as from the commencement of such agreement.22. Hirer's refusal to surrender goods not to be conversion in certain cases
Where, by virtue of this Act, the enforcement by an owner of a right to recover possession of goods from a hirer is subject to any restriction, the hirer refuses to give up possession of the goods to the owner, the hirer shall not, by reason only of such refusal, be liable to the owner for conversion of the goods.23. Limitation of owner's right to enforce certain provisions of agreement
No owner shall, by reason of any failure on the part of the hirer to carry out any obligation under any hire purchase agreement, be entitled to enforce—24. Agreement binding on liquidator or trustee of owner
If a company is wound up under the provisions of the Companies Act 2 by reason of inability to pay its debts or a co-operative society is dissolved under the provisions of the Co-operative Societies Act 3 or a person is adjudged bankrupt or insolvent under the Bankruptcy Act 4 or any other enactment in force in Tanzania relating to bankruptcy or insolvency, any agreement entered into by such company or co-operative society or person as owner shall remain in full force and effect and shall be binding on the liquidator of such company or co-operative society or the trustee concerned, as the case may be:Provided that nothing in this section shall affect the powers of the court to set aside any disposition of property made by way of undue preference.25. Insolvency or bankruptcy of hirer
26. Negotiable instruments
27. Service of notice or document on owner or hirer
28. False information
Every person who knowingly gives false information in any proposal form or other form completed for the purpose of entering into a hire purchase agreement, commits an offence and is liable upon conviction to a fine of five thousand shillings or to imprisonment for a term of six months or to both.29. Power to make rules
History of this document
31 July 2002 this version
Consolidation
01 November 1966
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Hire Purchase Rules, 1966 | Government Notice 310 of 1966 |
Documents citing this one 3
Judgment 2
Legislation 1
1. | Hire Purchase Rules, 1966 |