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Court Fees Rules, 1964

Government Notice 308 of 1964

Revoked
This Government Notice was revoked on 2015-05-15 by Court Fees Rules, 2015.
Court Fees Rules, 1964
This is the version of this Government Notice as it was when it was revoked.
Citation
Government Notice 308 of 1964
Primary work
Judicature and Application of Laws Act
Date
30 September 2002
Language
English
Type
Government Notice
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Tanzania
Judicature and Application of Laws Act

Court Fees Rules, 1964

Government Notice 308 of 1964

  • Published in Tanzania Government Gazette
  • Commenced on 1 July 1964
  • [This is the version of this document as it was at 30 September 2002 to 8 April 2004.]
  • [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 30th September 2002.]
  1. [Amended by Judicature and Application of laws Court Fees (Amendment) Rules, 2002 (Government Notice 430 of 2002) on 20 September 2002]
  2. [Revoked on 15 May 2015 by Court Fees Rules, 2015 (Government Notice 187 of 2015)]
[G.N.s. Nos. 308 of 1964; 411 of 1964; 64 of 1981; 104 of 1984; 390 of 1987; 225 of 1984; 20 of 1996; 233 of 2001; 313 of 2002; 430 of 2002]

1. Citation

These Rules may be cited as the Court Fees Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Registrar" means the Registrar of the High Court and includes a Deputy Registrar and a District Registrar.

3. Court fees

The fees specified in the Schedule hereto shall be paid in the High Court and magistrates' courts in respect of all proceedings and matters other than those for which specific fees are prescribed by rules of court made under any Act.

4. Liability for fees

Unless otherwise expressly provided, and without prejudice to any eventual order for costs, the fee for any matter shall be payable by the person applying for the same.

5. Valuation

(1)Where any fee is payable ad valorem, the value of the property or interest shall be deemed to be the amount which it is estimated such property or interest would realise if sold in the open market at the time when the fee is paid; and such value shall be declared by the person paying the fee and the office of the court who assesses the fee may require such declaration to be supported by a certificate of the court broker or other evidence.
(2)In assessing the value of any land, the land shall be deemed to include all buildings, erections, works, trees and perennial crops thereon, except where the person bringing the proceedings expressly declares that such buildings, erections, works, trees or perennial crops are excluded from the proceedings, but not annual crops, unless such annual crops are part of the subject-matter of the proceedings.

6. Assessment of fees

Where a person paying a fee under these Rules is dissatisfied with the assessment of the fee by the officer of the court, such officer shall, if he is serving in the High Court, refer the matter to the Registrar, or if he is serving in a magistrate's court, refer the matter to the magistrate, and the refersTo Registrar or the magistrate, as the case may be, shall assess the fee and give his reasons in writing.

7. Reference

(1)Where a fee has been assessed under rule 6, any party to the proceedings aggrieved by such assessment may refer his objection—
(a)if the assessment was made by a primary court magistrate, to the district court having appellate jurisdiction over the primary court; and
(b)if the assessment was made by a district magistrate or by the Registrar of the High Court, to a Judge of the High Court, whose decision thereon shall be final and binding.
(2)A reference under this rule shall be by way of chamber summons supported by an affidavit giving the grounds of the objection:Provided that a district court may accept a reference in writing objecting to an assessment by a primary court magistrate.
(3)Any such reference may be made at any time not later than thirty days after the date of the determination of the proceedings by the primary court or the district court, as the case may be.
(4)A district court or a Judge to whom any objection is referred under this rule may defer consideration of such objection pending the determination of the proceedings or the hearing of the appeal therefrom, if any.

8. Remission of fees

(1)The court to which any fee is payable under these Rules may, for reasons of poverty or other good cause, remit such fee in whole or in part:Provided that where a person in whose favour fees have been remitted is successful in the proceedings, the court may direct that an amount equal to the fees that would have been payable by him had they not been remitted shall be paid to the Government by any party to the proceedings.
(2)An application for remission of fees shall be by way of chamber summons supported by an affidavit giving grounds for such application:Provided that a magistrate's court may accept any written or oral application for remission of fees.
(3)Where the court makes an order remitting any fee wholly or in part, it shall record its reasons for so doing.
(4)No fee shall be payable on any application for remission of fees.
(5)No fees shall be payable by a person who has been granted legal aid under the Legal Aid scheme of either the Faculty of Law, University of Dar es Salaam, the Tanganyika Law Society, the Tanzania Women Lawyer's Association (TAWLA) or the Legal and Human Rights Centre in respect of proceedings instituted by or against such person except if he is successful in the proceedings the court shall direct him to pay up the necessary court fees.
(6)An appeal against a refusal to remit any fee or any part thereof. shall lie to the High Court from any order of a court of a resident magistrate or a district court, and to the district court from any order of a primary court.

9. Refund of fees

(1)If an appeal is withdrawn or abates within one year of the date on which it was filed, one-half of the fee paid for filing the same shall be refunded on application in writing made by the person who paid it.
(2)Where a court in the exercise of its appellate or revisional jurisdiction has ordered the rehearing de novo of any proceedings, it may, in its discretion, order the refund of all or any appeal fees to the person who paid the same.
(3)Where a court makes an order for the refund of any fee wholly or in part, it shall record its reasons for so doing.

10. Government proceedings

(1)No fees shall be payable by the Republic or the Government in respect of proceedings instituted by or against the Republic or the Government, but a judgement in favour of the Republic or the Government for costs shall, unless the court otherwise directs, include the amount of the fees which would have been payable if the proceedings had been instituted by or against a private person.
(2)No fees shall be payable by the Republic or the Government in respect of any criminal proceeding.

11. Exemption

Where by any convention entered into by the Republic with any other country it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in the Schedule hereto shall not be payable in respect of those proceedings.

12. Revocation and amendment

[Revokes the Court Fees Rules and amends the Advocates' Remuneration and Taxation of Costs Rules1.]1Cap 341 S.L

13. Transfer to Schedule

[Reproduced as Item 54A of Part I of the Schedule.]

Schedule (Rule 3)

Fees

Part I – Fees payable in the High Court, courts of resident magistrates and district courts

Part A – Civil Matters

Item NoFiling of Plaint and ApplicationsFees
1.On filing a plaint, counterclaim or set-off:
(a)Where the claim is for a sum certain or for property or declaration of title to property, and the amount claimed or the value of the property, and the property and the amount claimed or the value of the property–
(i)does not exceed Shs. 10,0003,000/-
(ii)exceeds Shs. 10,000/- for the first Shs. 10,000/- and for each subsequent Shs. 10,000/- or part thereof up to 2,000,000/- and for each subsequent 10,000/- but so that the fee shall not exceed Shs. 120,000/-. 
(b)Where the claim is for damages but specific amount is claimed:
(A) in the High Court10,000/-
(B) in the Court of a Resident Magistrate/a District Court and in the event of damages5,000/-
(C) Where the claim is for an injuction or declaration (other than a declaration of title to property) or other order which cannot be valued in terms of money: 
 (1) in the High Court10,000/-
(2) in the Court of a Resident Magistrate or in a District Court10,000/-:
Provided that where a fee is payable under this paragraph and also under paragraph (a) or (b) of this item, the fee under this paragraph shall be reduced to Shs. 1,500/- in the High Court of a Resident Magistrate or in a District Court and the aggregate fee shall not exceed Shs. 30,000/-
(c)Where the claim is by a landlord for recovery of possession from a tenant, for each shs. 2,000/- or part thereof of the gross annual rent of the property1,500
Provided that where the claim is by landlord but so that the fee shall not exceed Shs. 30,000/- for recovery of rent and possession, the aggregate fee payable under paragraph (as of this item and under this paragraph) shall not exceed Shs.8,000/-
2.On making an interlocutory application, whether written or oral, including the fees for filing an affidavit in support and for the order thereon1,500/-
3.For applying for the issue of a chamber summons, applying by motion or making any other application not otherwise provided for including the fees for filing an affidavit in support and for the order thereon2,000/-
4.On filing cognisance, bail, bond or surety2,000/-
5.On filing an application for leave to file a pleading or other document out of time, including the fee for the order thereon2,000/-
6.On filing an application for a order of mandamus or certiorari or an injunction (other than a temporary injunction10,000/-
7.Filing and deposit of other Documents:On filing an account, including the fee for filing the report thereon, if any1,5000/-
8.On filing a bill of costs for taxation2,000/-
9.On filing any document not otherwise provided for1,500/-
10.On depositing any document not otherwise provided for1,500/-
Issue and Service of Summons, Warrants, Notices and Other Documents
11.For issue of witness summons:
 (a)if the application for the issue of summons is made more than six clear working days before the date on which the attendance of witness is required1,500/-
 (b)if the application is made six clear working days or less before such date1,500/-
12.For the issue of warrant of arrest, warrant of attachment eviction order, prohibitory order or other process in execution of a decree or order of the court2,000/-
13.For the service of any document, in addition to all necessary expenses where the service is to be effected outside the limits of the city, municipality or township in which the court issuing the document is situated2,000/-
14.For the service of a document at the request of a court or a person outside the jurisdiction3,000/-
15.For the issue of every notice, summons or warrant not otherwise provided for1,500/-
Evidence
16.For taking the evidence of a witness before the hearing of the suit1,500/-
17.For taking evidence on commission and in addition for every hour or part thereof after the first1,500/-
18.On tendering an exhibit:
(a)in the High Court1,500/-
(b)in the court of a Resident Magistrate or in a District Court1,500/-
Issue and Transfer of Decrees:
19.For the issue of a decree or order not otherwise provided for1,500/-
20.For the transfer of a decree from one court to another within Tanzania including the fees for application, order, certificate of non-satisfaction and communication– 
(a)if the amount of the decree is Shs. 1,000/- or less1,000/-
(b)if the amount of the decree exceeds Shs. 1,000/-2,000/-
21.For the transfer of a decree outside Tanzania including the fees for application, order, certificate of non-satisfaction and communication3,000/-
Administration of Oaths, etc., and Attestation of Signature
22.For administrating an oath affirmation, taking an affidavit or receiving a declaration1,500/- and addition 500/- for every exhibit
23.For attesting a signature1,500/-
Attendances and Communication
24.For the attendance of an officer of the court to view, in addition all necessary expenses, unless the court otherwise orders2,000/-
25.For the attendance of an officer of the court at a sale2,000/-
26.For the attendance of an officer of the court to administer an oath or take an affidavit or receive a declaration elsewhere than at the office of the court, in addition to the fee prescribed under item 22 and all necessary expenses2,000/-
27.For communication with a tribunal within Tanzania (except where the communication is in respect of service of a document issued by the court)1,500/-
28.For communication with a tribunal outside Tanzania3,500/-
Recording, Certifying, Copying, Translating and Producing for Inspection.
29.For recording the particulars of a plaint, application or other pleading1,000/-
30.For recording the particulars of an affidavit or declaration1,000/-
31.For translating any document– 
 (a)for the first 100 words or part thereof1,000/-
 (b)for each subsequent 100 words or part thereof500/-
32.For making a copy of any document in the custody of the court or permitting any person to make such a copy in the presence of an officer of the court, for each 100 words or part thereof200/-
 but so that the fee shall not be less than200/-
33.For certifying as correct translation of any document (whether or not such copy has been made by an officer of the court)– 
 (a)for the first 100 words or part thereof500/-
 (b)for each subsequent 100 words or part thereof200/-
34.For certifying as correct a copy of any document (whether or not such copy has been made by an officer of the court) 
 (a)for each 100 words or part thereof 500/-
 (b)for each subsequent 100 words part thereof  
35.For certifying a signature on a Seal1,500/-
36.For the issue of a certificate of non-satisfaction of decree1,500/-
37.For the issue of certificate not otherwise provided for1,500/-
38.For producing for inspection of the record of any case or any document in the custody of the court2,000/-
Miscellaneous
39.On payment of money or deposit of anything into court as security, on deposit or otherwise (except by way of deposit for witnesses) or assessors expenses or court fees or for the subsistence of a judgement debtor or is made by an officer of the court in the course of the administration of a deceased's estate 
 less than 15 per centum of the amount paid into court or the value of the thing, but so that the fee shall not be less thanShs. 100/-
 nor more thanShs. 5,000/-
40.For the management of the estate of award of court, minor or lunatic, whether by the court or by an officer of the Government appointed by the court as a trustee, such percentage per annum either of capital value of the estate or the net income or both, as the court may ordersame as in Item 39
41.For the taking or passing of an account by an officer of the court and in addition for every sitting of three hours or past three hours or part thereof after the first three hoursShs. 1,500/-

Part B – Criminal matters

Public Prosecutions
These fees shall be payable in respect of or in connection with any public prosecution:
42.On filing a complaint00/-
43.For the issue of a summons or warrant at the request of the prosecutor, orders1,500/-
44.For the issue of a witness summons at the request of the prosecutorthe fee prescribed in item 12
45.For service of any summons or warrant at the request of a prosecutorthe fee prescribe in item 12
46.On the prosecutor tendering an exhibit1,500/-
47.For the issue of a warrant of arrest or order of commitment1,500/-
48.For the issue of a warrant of arrest or order of commitment2,000/-
Civil Matters
Review, Reference, Revision and Appeals
49.On application for review of a judgement:–
(a)to the High Court3,000/-
(b)to the court of a Resident Magistrate or to a District Court2,000/-
50.On application for reference or revision including the fee for filing an affidavit in support3,000/-
(a)to the High Court 2,000/-
(b)to the court of a Resident Magistrate or to a District Court  
51.On lodging an appeal to the High Court–
(a)against a final decree
(b)where the decree is for a sum or for certain property and the amount awarded or the value of the property–
(i)does not exceed Shs. 2,0002,000/-
(ii)exceeds Shs. 2,000/-: 
 for the first Shs. 2,000/-2,000/-
for each subsequent Shs. 2,000/- or part thereof50/-
but so that the fees shall not exceed Shs. 40,000/- 
(iii)where the decree cannot be valued in terms of money1,000/-:
Provided that where a fee is payable under this paragraph and under paragraph (i) above the fee under this item shall be reduced to Shs. 4,000/- and the aggregate fee shall not exceed Shs. 20,000/-
(c)against any other order2,000/-
52.On lodging an appeal to a District Court–
(a)against a judgement–1,500/-
(i)where the judgement is for a sum certain or for property or for a declaration for title to property and the amount awarded or the value of property–1,500/-
 (A) does not exceeds shs. 5,000/-50/-
(B) exceeds Shs. 5,000/-, 
for the first Shs. 1,500/-500/-
for each subsequent Shs. 1,000/- or part thereof,300/-
but so that fees shall not exceed Shs. 10,000/- 
(ii)where the judgement cannot be valued in terms of money500/-:
Provided that where a fee is payable under this paragraph the aggregate fee shall not exceed Shs. 10,000/-
(b)against any other order 500/-
53.On filing security for costs–
(a)in the High Court 1,500/-
(b)in the Court of a Resident Magistrate or in a District Court 1,500/-
54.On applying for leave to appeal out of time, including the fee for the affidavit in support and the order thereof:
  (i)in the High Court2,000/-
 (ii)in the Court of Resident Magistrate or in a District Court1,500/-
55.On every application made to the court in its appellate or revisional jurisdiction, not otherwise provided for, including the fee for the affidavit in support and the order thereon1,500/-
56.For the issue of a decree on appeal or an order in revision1,500/-
57.For any matter not otherwise provided for, the fee prescribed by the equivalent item in section A of this Part.
58.No fee shall be payable in respect of any appeal, reference or revision in a criminal matter.

Part II – Fees payable in primary courts

Part A – Civil matters

59.On instituting Civil Proceedings–
(a)Where the claim is for a sum certain of property, for each Shs. 100/= or part 1000/= thereof the amount claimed or the value of the propertyShs. 100/= but so that the fee shall not be less than Shs. 200/= nor more than Shs. 2,000/=
(b)Where the claim is by landlord for recovery of possession from a tenant, for each Shs. 1000/= or part thereof the annual rentShs. 100/= but so that the fee shall not exceed Shs. 1,000/=
(c)In any other caseShs. 300/=
60.On any application under rule 17(1), 28, 29, 30, 42, 43, 69 or 85 Primary Court Civil Procedure RulesShs. 200/=
61.For service of any summons or other documents issued by the courtShs. 100/= and where service is to be effected outside the limits of the city, municipality, township, village or settlement in which the court issuing the summons for document is situated in addition to the prescribed, such fee as will cover the cost of service but so that the fee shall not be less than Shs. 100/=
62.On applying for execution, including the fee for the issue of a warrant, if any–
(a)Where the award is of money or property, 1,000/= for each Shs. 1000/= or part thereof of the amount awarded or the value of the propertyShs. 100/= (30.00) but so that the fee shall not be less than Shs. 300/= (15.00/=) nor more than 150.00/= Shs. 5,000/=
(b)In any other caseShs. 200/=
63.For administering an oath or affirmation, taking an affidavit or receiving a declaration and in addition Shs. 20.00 for every exhibitShs. 200/=
64.For attesting a signatureShs. 100/=
65.For viewing land by an officer of the court, in addition to the cost of transport and reasonable sum for the officer's subsistenceShs. 1,000/=
(Note: Where the court decides of its own motion to view land, this fees and the necessary expenses will be borne by the parties in equal shares, but without prejudice to any eventual order for costs).
66.For translating any document, other than an exhibit produced in the course of any proceedings–
(a)for the first 100 words or part thereofShs. 200/=
(b)for each subsequent 100 words or part thereofShs. 100/=
67.For making a copy of any document in the custody of the court or permitting any person to make such a copy in the presence of an officer of the court, for each 100 words or part thereof50.00 but so that the fee shall not be less than 1,000/=
68.For certifying as correct the translation of any documents (whether or not such translation has been made by an officer of the court), other than an exhibit produced in the course of a proceeding–
(a)for the first 100 words or part thereofShs. 200/=
(b)for each subsequent 100 words or part thereofShs 100/=
69.For certifying as correct a copy of any document (Whether or not such copy has been made by an officer of the court), for each 100 words or part thereofShs. 100.00/=
70.For the issue of any certificate, not otherwise provided forShs. 200.00/=
71.For producing for inspection the record of any proceeding or any document in the custody of the court.Shs 200.00/=

Part B – ADMINISTRATION OF ESTATES

72.For appointing an administrator of an estate and in addition where the administrator is an officer of the court or is appointed as a reputable and impartial person able and willing to administer the estate there shall be payable a fee equal to 10 per centum of the gross value of the estate or Shs. 2,000/= whichever is the greater, but so that the fees shall not exceed Shs. 5,000/-:Shs. 200.00/=
Provided that where the administrator is a person other than an officer of the court the additional fee shall be payable to such person as his remuneration.
73.For all other acts, matters and proceedings the same fees are payable in primary courts in civil mattersShs. 200/=

Part C – Criminal

74.No fee shall be payable in respect of any Criminal Proceeding.

Part D – Miscellaneous

75.On payment of money or deposit of anything into Court as Security, on deposit or otherwise (except where the payment is made by way of deposit for witnesses, or assessors expenses or Court Fees or for the subsistence of a judgement debtor or is made by an officer of the court in the course of the administration of the amount paid or estate)5 per centum of the amount paid or the value of thing but so that the fee shall not be less than Shs. 100/= nor more than Shs. 500/=.
76.For the attendance of an officer of the court to view in addition to all necessary expenses, unless the court otherwise ordersShs. 1,000/=
77.For the attendance of an officer of the court at a saleShs. 1,000/=
78.For the attendance of an officer of the court to administer an oath or affirmation or to take an affidavit or receive a declaration elsewhere than at the office of the courtShs. 1,000/=
79.For communication with a tribunal within Tanzania other than services of a document issued by the court Shs. 500/=
80.For recording the particulars of an affidavit or declarationShs. 500/=
81.For translation of any document–
(a)for the first 100 wordsShs. 500/=
(b)for each subsequent 100 wordsShs. 250/=
82.For making a copy of any document in the custody of the court Shs. 200/=
83.For certifying as correct a copy of any document (whether made by an officer of the court or not)–
(a)for the first 100 words or part of itShs. 300/=
(b)for each subsequent 100 wordsShs. 200/=
84.For certifying a signature on a seal Shs. 1,000/=
85.For the issue of a certificate not otherwise provided for Shs. 1,000/=
86.(a)For certifying copy of judgementShs. 500/=
(b)Any other orderShs. 150/=
87.For any matter not otherwise provided forShs. 200/=
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History of this document

15 May 2015
21 May 2010 amendment not yet applied
01 January 2010 amendment not yet applied
07 November 2008 amendment not yet applied
08 August 2008 amendment not yet applied
09 April 2004 amendment not yet applied
30 September 2002 this version
Consolidation
20 September 2002
01 July 1964
Commenced