Tanzania
Witness Summonses (Reciprocal Enforcement) Act
Chapter 67
- Published in Tanzania Government Gazette
- Commenced on 7 February 1969
- [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 Witness Summonses (Reciprocal Enforcement) Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.2. Interpretation
3. Application of Act
Where the Minister is satisfied that reciprocal provision has been or will be made by or under the law of any country for the enforcement of a summons issued by any court in the United Republic, the Minister may, by order published in the Gazette, declare that this Act shall apply in the case of that country subject to such conditions, exceptions and qualifications as may be specified in the order, and this Act shall apply accordingly.4. Backing of summons
5. Service of summons
6. Where witness cannot be found
Where the magistrate who has endorsed a summons is satisfied that the witness cannot be found within the area of his jurisdiction the magistrate shall return the summons to the Registrar with a written report to the effect that the person to whom the summons is addressed cannot be found and containing such other relevant information as he may think fit, and upon receipt of the summons and the report, the Registrar shall return the summons to the court issuing the same or, if the Registrar has reason to believe that the person to whom the summons is addressed may be found in some other area of Tanzania, send the summons to the magistrate having jurisdiction over that area.7. Court may make order excusing attendance
8. Minister may excuse attendance
9. Disobedience of summons
Any person who has been served with a summons under this Act and has not been excused from complying with it by an order made under section 7 or under section 8, shall, if he fails to obey the summons, be guilty of an offence and be liable on conviction to a fine not exceeding five thousand shillings.10. ***
[Incorporated into s. 1]History of this document
31 July 2002 this version
Consolidation
07 February 1969
Commenced