Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, 1964

Government Notice 312 of 1964

Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, 1964

Tanzania
Judicature and Application of Laws Act

Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, 1964

Government Notice 312 of 1964

  • Published in Tanzania Government Gazette
  • Commenced
  • [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. Citation

These Rules may be cited as the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"the Act" means the Magistrate's Court Act 1;1Cap. 11"agent" includes an advocate and any person who, under the provisions of section 33 of the Act, is permitted to appear and act for any party;"appellate court" means the High Court or the district court, as the case may be;"petition of appeal" includes the record of the grounds of appeal where the same have been stated orally and recorded by the district court under the provisions of paragraph (b) of subsection (4) of section 20 of the Act.

3. Applications for leave to appeal out of time

An application for leave to appeal out of time to a district court from a decision or order of a primary court or to the High Court from a decision or order of a district court in the exercise of its appellate or revisional jurisdiction shall be in writing, shall set out the reasons why a petition of appeal was not or cannot be filed within thirty days after the date of the decision or order against which it is desired to appeal, and shall be accompanied by the petition of appeal or shall set out the grounds of objection to the decision or order:Provided that where the application is to a district court, the court may permit the applicant to state his reasons orally and shall record the same.

4. Form and content of petitions appeal

(1)Every petition of appeal to a district court from a decision or order of a primary court and every petition of appeal to the High court from a decision or order of a district court in the exercise of its appellate or revisional jurisdiction shall set out precisely and under distinct heads numbered consecutively the grounds of objection to the decision or order appealed against and shall be signed by the appellant or his agent.
(2)Every petition of appeal to the High Court shall be filed in duplicate.

5. Registration of appeals

(1)When a petition of appeal to a district court is filed in that court, it shall immediately be endorsed with the date of filing and be numbered and entered in a register to be kept for that purpose.
(2)When a district court permits an appellant to state the grounds of his appeal orally and records them, the record shall similarly be dated, numbered and entered in the register.
(3)When a petition of appeal to the High Court is filed in the district court, the district court shall cause the date of filing to be endorsed on the petition before dispatching it to the High Court.
(4)When a petition of appeal is received in the High Court, it shall immediately be numbered and entered in a register to be kept for that purpose.

6. Cross appeals

When separate appeals are filed by two or more parties to a proceeding, the appeals shall be registered separately but shall, unless the appellate court otherwise orders, be heard together.

7. Withdrawal of appeals

An appellant may withdraw his appeal at any time prior to the hearing thereof.

8. Stay of execution

(1)Any person who has filed an appeal to a district court may apply in writing to that court for a stay of execution of the decision or order against which he is appealing.
(2)An appeal shall lie to the High Court from any order granting or refusing a stay of execution.

9. Summary rejection

Where under subsection (3) of section 28 of the Act a judge of the High Court rejects an appeal summarily, notice of such rejection shall be served upon the appellant or his agent.

10. Compliance with orders

Where a registrar gives directions under paragraph (a) of section 26(a) of the Act as to the time within which any further step in the proceedings is to be taken by any party to the appeal, he shall cause a notice of such directions to be served upon that party or his agent.

11. Copies of petitions of appeal

(1)Where an appeal is to the High Court, the notice of hearing to be given to the respondent or his agent shall be accompanied by a copy of the petition of appeal.
(2)Where an appeal is to a district court, the respondent shall be entitled to receive a copy of the petition of appeal if he applies for the same.

12. Adjournments

(1)An appellate court may at any time and from time to time, of its own motion or on the application of any party, adjourn the proceedings to a date fixed or to be fixed by it.
(2)When proceedings are adjourned to a date to be fixed, the court shall after fixing the date for the resumed hearing give notice of it to the parties or their agents:Provided that it shall not be necessary to give any notice of the resumed hearing to any person who has signified in writing that he does not intend to appear at the hearing.

13. Non-appearance of parties

(1)An appellant may embody in his petition of appeal a statement that he does not intend to appear personally or by agent at the hearing, together with a statement in writing of his arguments in support of the appeal and in such event and unless the court or the registrar has expressly required the appearance of the appellant, the court shall not dismiss the appeal for want of appearance and the appellate court shall have regard to such arguments.
(2)Subject to the provisions of subrule (1) of this rule, where on the day fixed for hearing the appeal or any day to which it may be adjourned, the appellant does not appear in person or by agent, the appellate court may dismiss the appeal.
(3)Where the appellant appears and the respondent, having been duly served, does not appear, the appeal shall proceed in the absence of the respondent, unless the appellate court for any sufficient reason sees fit to adjourn the hearing but if the respondent has, before the date of the hearing, filed a statement in writing of his arguments in opposition to the appeal, the appellate court shall have regard to such arguments.

14. Procedure at the hearing

At the hearing of an appeal, the appellate court, after hearing such additional evidence, if any, as it may permit or require, shall first hear the appellant or his agent and then, unless it forthwith dismisses the appeal, the respondent or his agent and the appellant or his agent shall have the right to reply.

15. Appellant restricted to grounds of appeal set out in petition

An appellant or his agent shall not, except by leave of the appellate court, be entitled to be heard on any ground of objection not set forth in his petition of appeal.

16. Judgement

The judgement of the appellate court shall be in writing, and shall state—
(a)the points for determination;
(b)the decision thereon;
(c)the reasons for the decision; and
(d)where the decision appealed from is reversed or varied, the relief to which any of the parties may be entitled,
and shall be pronounced in open court.

17. Re-admission of appeal dismissed for default

Where an appeal has been dismissed under subrule (2) of 13 in default of appearance by the appellant, he or his agent may apply to the appellate court for the re-admission of the appeal; and if the court is satisfied that he was prevented by any sufficient cause from appearing either personally or by agent when the appeal was called on for hearing it may re-admit the appeal on such terms as to costs or otherwise as it thinks fit.

18. Re-hearing of application of respondent

Where an appeal is heard in the absence of the respondent and judgment is pronounced against him under rule 13(3), he or his agent may apply to the appellate court to re-hear the appeal and if the court is satisfied that the notice was not duly served or that he was prevented by any sufficient cause from appearing either personally or by agent when the appeal was called on for hearing, the court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit.
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History of this document

31 July 2002 this version
Consolidation

Cited documents 1

Act 1
1. Magistrates’ Courts Act 2151 citations