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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;"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
5. Registration of appeals
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
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
12. Adjournments
13. Non-appearance of parties
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—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.History of this document
31 July 2002 this version
Consolidation
Documents citing this one 78
Judgment 77
Law Reform Report 1
1. | Comprehensive Review of Civil Justice System in Tanzania |