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- Is amended by Written Laws (Miscellaneous Amendments) (No. 4) Act, 2019
- Is amended by Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021
- Is amended by Written Laws (Miscellaneous Amendments) Act, 2020
Tanzania
Government Proceedings Act
Chapter 5
- Commenced on 1 January 1975
- [This is the version of this document as it was at 30 November 2019 to 20 February 2020.]
- [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.]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 4) Act, 2019 (Act 11 of 2019) on 20 September 2019]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Government Proceedings Act.2. Interpretation
Part II – Substantive law
3. Liability of Government in civil proceedings
4. Application of law as to indemnity and contribution
Where the Government is subject to any liability by virtue of this Part, the law relating to indemnity and contribution shall be enforceable by or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity.5. Saving in respect of acts done under statutory powers
Nothing in this Part shall extinguish or abridge any powers or authorities which, but for this Act, would have been exercised by virtue of any powers or authorities conferred on the Government by any written law.Part III – Jurisdiction and procedure
6. Civil proceedings against Government, etc.
6A. Power of Attorney General to intervene suits
7. Civil proceedings against Government to be instituted only in High Court
Notwithstanding any other written law, no civil proceedings against the Government may be instituted in any court other than the High Court.[Act No. 40 of 1974 s.3]8. Application of general law of procedure
Subject to the provisions of this Act, all civil proceedings by or against the Government shall be instituted and proceeded with in accordance with the procedure applicable in like proceedings between private persons.9. Inter-pleader
The Government may institute or be made a party to inter-pleader proceedings in the same manner in which a private person may institute such proceedings or be made a party thereto and may be made a party to such proceedings notwithstanding that the proceedings have been instituted by a court broker or other like officer.[s. 8]10. Attorney-General or other designated officers to be parties to proceedings
Subject to the provisions of any other written law, civil proceedings by or against the Government shall be instituted by or against the Attorney-General: Provided that, the Minister may, by order published in the Gazette, direct that any particular civil proceedings or class of civil proceedings be instituted by any officer designated in the order instead of by the Attorney-General.[s. 9]11. Transfer of proceedings where set-off or counter claim is made
If in any case proceedings have been instituted by the Government in a magistrate's court and the defendant satisfies the court that—12. Nature of relief
In any civil proceedings by or against the Government the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between private persons and otherwise to give such appropriate relief as the case may require.[Act No. 30 of 1994 s. 3]13. Costs in civil proceedings to which government is a party
In any civil proceedings to which the Government is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between private persons and the court shall have power to make an order for the payment of costs by or to the Government accordingly:Provided that—14. Appeals and stay of execution
Subject to the provisions of this Act, any written law relating to appeals and stay of execution shall, with necessary modifications, apply to civil proceedings by or against the Government as it applies to proceedings between private persons.[s. 13]Part IV – Judgements and execution
15. Interest
16. Satisfaction of orders against Government
17. Transitional provisions. execution by government
Subject to the provisions of this Act, any order made in favour of the Government against any person in any civil proceedings to which the Government is a party may only be enforced in the same manner as an order made in an action between private persons.[s. 16]Part V – Other provisions
18. Discovery
19. Right of Government to rely on existing laws
This Act shall not prejudice the right of the Government to rely on the provisions of any law and in any civil proceedings against the Government the provisions of any law which could, if the proceedings were between private persons, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part may, subject to any express provision to the contrary, be so relied upon by the Government.[s. 18]20. Limitation of actions
Nothing in this Act shall prejudice the right of the Government to rely upon any written law relating to the limitation of time for bringing proceedings.[s. 19]21. Rules
22. Pending proceedings
Except as is otherwise in this Act expressly provided, the provisions of this Act shall not affect proceedings which have been instituted before the commencement of this Act.[s. 21]23. Repeal of R.L
Repeals Act No. 16 of 1967.[Cap. 5][s. 22.]24. Savings
History of this document
14 July 2021 amendment not yet applied
21 February 2020 amendment not yet applied
30 November 2019 this version
Consolidation
20 September 2019
01 January 1975
Commenced
Cited documents 0
Documents citing this one 659
Judgment 644
Act 6
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