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High Court Registries Rules, 1971

Government Notice 164 of 1971

Repealed
This Government Notice was repealed on 2005-04-15 by High Court Registries Rules, 2005.
This is the version of this Government Notice as it was when it was repealed.
High Court Registries Rules, 1971
Citation
Government Notice 164 of 1971
Primary work
Judicature and Application of Laws Act
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Judicature and Application of Laws Act

High Court Registries Rules, 1971

Government Notice 164 of 1971

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document as it was at 31 July 2002 to 27 October 2022.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
  1. [Repealed by High Court Registries Rules, 2005 (Government Notice 96 of 2005) on 15 April 2005]
[Section 4(2); G.N. s Nos. 164 of 1971; 68 of 1972; 200 of 1973; 194 of 1974; 142 of 1977; 23 of 1985; 390 of 1987; 390 of 1987; 335 of 1991; 81 of 1992; 141 of 1999; 162 of 2000]

1. Citation

These Rules may be cited as the High Court Registries Rules.

2. Interpretation

In these Rules, under the context otherwise requires—"appeal" includes revision, review, reference, case stated and point of law reserved;"appellate proceedings" means all proceedings relating to appeals to the High Court from subordinate courts and to all applications to the High Court for review or revision of proceedings in subordinate courts;"commercial case" means a civil case involving a matter considered to be of commercial significance, including but not limited to:(a)the formation of a business or commercial organisation;(b)the governance of a business or commercial organisation;(c)the contractual relationship of a business or commercial organisation with other bodies or persons outside it;(d)the liability of a commercial or business organisation or its officials arising out of its commercial or business activities;(e)the liabilities of a commercial or business person arising out of that person's commercial or business activities;(f)the restructuring or payment of commercial debts by or to business or commercial organisation or person;(g)the winding up or bankruptcy of a commercial or business organisation or person;(h)the enforcement of commercial arbitration award;(i)the enforcement of awards of a regional court or tribunal of competent jurisdiction made in accordance with a Treaty or Mutual Assistance arrangement to which the United Republic is a signatory and which forms part of the law of the United Republic;(j)admiralty proceedings; and(k)arbitration proceedings;"Commercial Division" means a commercial division of the High Court established under Rule 5A;"Court" means the High Court;"economic crimes" means cases tried under the Economic and Organised Crime Control Act1;1Cap. 200"original proceedings" means all proceedings in the Court not being appellate proceedings;"Registrar" means the Registrar of the High Court, a Deputy Registrar, and District Registrar, Acting District Registrar and Registrar of a Commercial Division;"Registry includes a District Registry.

3. Registries of the High Court

There shall be two Registries of the High Court, one for the High Court when it is exercising its ordinary jurisdiction and the other when the High Court is exercising economic crimes jurisdiction.

4. Registries to be kept in the High Court

There shall be kept and maintained at every High Court Registry two separate registers one for economic crimes and the other for ordinary cases.

5. District Registry

In addition to the Registry at Dar es Salaam there shall be a District Registry at such places and for such areas as are set out in the Schedule to these Rules or as may hereafter be set out under the provisions of rule 6.

5A. Commercial Division of the High Court

There shall be a Commercial Division of the High Court within the Registry at Dar es Salaam and at any other registry or sub-registry as may be determined by the Chief Justice, in which proceedings concerning commercial cases may be instituted.

5B. Commercial Court Users Committee

There shall be a Commercial Court Users Committee Constituting of the Judges of the Commercial Division of the High Court, two advocates nominated by the Tanganyika Law Society, two State Attorneys nominated by the Attorney General and five persons nominated by lawfully established organisations representing the commercial community.

5C. The Commercial Court User's Committee to advise

It shall be the responsibility of the Commercial Court Users' Committee to advise the Commercial Division of the High Court on matters of court practice and to submit a list of persons knowledgeable in commercial matters to serve as assessors.

5D. Remuneration

Assessors shall be remunerated or compensated for service rendered in a manner determined by the Chief Justice and notified in the Gazette upon recommendation of the commercial Court Users' Committee.

6. Alteration of the Rules

The Schedule to these Rules may be altered or amended by notice issued by the Chief Justice and published in the Gazette.

7. Proceedings may be instituted

(1)Original proceedings in the Court may be instituted either in the Registry at Dar es Salaam or in the District Registry (if any) for the area in which the cause of action arose or where the defendant resides:Provided that where original proceedings in a commercial case are instituted in a District or Sub-registry, such proceedings shall as soon as practicable be transferred to the Commercial Division before further steps are taken in the proceedings, except where all parties agree to have the commercial case determined by the High Court at such District or Sub-registry of the High Court.
(2)Appellate proceedings in the Court shall be instituted in the District Registry for the area in which is situated the court from the judgment or order of which the appeal is preferred or where there is no District Registry for such area, in the Registry at Dar es Salaam:Provided that the Registrar may allow a party to file in the Registry at Dar es Salaam a memorandum or petition of appeal, an application for review or revision, or an application for reference which should be filed in a District Registry if he is satisfied that it is more convenient for the party or his advocate to file the same there:And provided that where such memorandum or petition of appeal, application for review or revision, or application for reference is filed in the Registry at Dar es Salaam the Registrar shall forthwith transmit the same to the appropriate District Registry and such memorandum or petition of appeal, application for review or revision, or application of reference shall be deemed to have been filed in the District Registry on the date when the same was filed in the Registry at Dar es Salaam.
(3)All documents filed subsequently to the institution of any proceedings in the Court shall, subject as hereinafter provided, be filed at the place where the proceedings were instituted or are deemed to have been instituted.
(4)The Court may at any time on application or of its own motion transfer any proceedings from one Registry to another and any proceedings so transferred, and all documents shall be filed accordingly.

8. Matters on economic crimes

(1)When any cause or matter on economic crimes has been entered in the appropriate Registry, it shall be entitled—"In the High Court of the United Republic of TanzaniaIn The Registry/District Registry at Economic and Organised Crimes Criminal Case No Of ".
(2)When any cause or matter, whether original or appellate, has been entered in a District Registry, it shall be entitled—
"In The High Court of the United Republic of Tanzania in the District Registry at Criminal Appeal/Civil Appeal/Civil Case/ Miscellaneous Civil Case, Bankruptcy Case, Matrimonial Case No " as the cause may be.

9. Summonses, warrants, orders, etc. may be signed

All summonses, warrants, orders, decrees, notices and mandatory processes whatsoever of the Court may be signed by any judge or by a Registrar and shall be sealed with the seal of the Court. Every order of the Court shall be dated as the date on which the Judgement was given or order made and shall in addition show the date on which the order was extracted.

10. Steps and applications to be taken before a judge

All formal and preliminary steps and all interlocutory applications in proceedings entered at a District Registry shall be taken or made either before a judge or the District Registrar.

11. Matters to be referred to the judge

(1)Any person aggrieved by any decision of a Registrar made or purported to be made under these Rules may, within fifteen days by notice in writing, require that the matter be referred to a judge for his decision and the judge may make such order thereon as the justice of the case may require.
(2)For the purpose of computing the period of fifteen days under subrule (1), the provisions of the Law of Limitation Act2, as to the exclusion of time shall apply.2Cap. 89

12. Revocation

[Revokes the High Court Registries Rules3.]3G.N. No. 12 of 1962

Schedule (Rule 5)

AreaPlace of Registry
Dar es Salaam Region)Dar es Salaam
Coast Region)
Morogoro Region)
Tabora Region)Tabora
Kigoma Region)
Shinyanga Region)Mtwara
Mtwara Region)
Lindi Region)Songea
Ruvuma Region)
Mwanza Region)Mwanza
Mara Region)
Kagera RegionBukoba
Arusha RegionArusha
Kilimanjaro RegionMoshi
Tanga RegionTanga
Mbeya Region)Mbeya
Iringa Region)
Rukwa Region)Dodoma
Dodoma Region)
Singida Region)
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History of this document

28 October 2022 amendment not yet applied
15 April 2005
31 July 2002 this version
Consolidation