Tanzania
Appellate Jurisdiction Act
Tanzania Court of Appeal Rules, 1979
Government Notice 102 of 1979
- Published in Tanzania Government Gazette
- Commenced on 28 September 1979
- [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.]
Part I – Preliminary provisions (rules 1-2)
1. Citation and commencement
These Rules may be cited as the Tanzania Court of Appeal Rules, and shall come into operation on the twenty-eighth day of September, 1979.2. Interpretation
Part II – General administrative and procedural provisions (rules 3-41)
3. Practice and procedure of Court
3A. Language of the court
The language of the court shall be either English or Kiswahili as the Chief Justice or, as the case may be, the presiding Judge holding such court, shall direct, but the judgment, Order or decision of the court shall be in English.4. Registry and sub-registries
5. Registrar
The President shall, after consultation with the Chief Justice, appoint, on such terms and conditions as he may specify, a Registrar of the Court who shall be the chief administrative officer of the Court.6. Computation of time
Any period of time fixed by these Rules or by any decision of the Court for doing any act shall be reckoned in accordance with the following provisions—7. Dies non
Save as is provided in Rule 6, in computing time limited for any act or proceeding under these Rules a dies non shall be reckoned unless that day is the last day of that time, in which case it shall be excluded from that computation.8. Extension of time
The Court may, for sufficient reason, extend the time limited by these Rules or by any decision of the Court or of the High Court for the doing of any act authorised or required by these Rules, whether before or after the expiration of that time and whether before or after the doing of the act, and any reference in these Rules to any such time shall be construed as a reference to that time as so extended.9. Suspension of sentence and stay of execution
10. Form of documents for use in proceedings of Court
11. Power of Registrar or Registrar of High Court to reject documents
12. Hours for lodging documents
The Chief Justice may from time to time direct what hours during which the Registry or any sub-registry of the High Court shall be open for the receipt of documents lodged under the provisions of these Rules.13. Document may be lodged otherwise than at appointed place
14. Signature of documents
15. Endorsement of documents lodged
Whenever any document is lodged in the Registry or in a sub-registry or in the registry of the High Court under or in accordance with these Rules, the Registrar or deputy registrar or the Registrar of the High Court, as the case may be, shall forthwith cause it to be endorsed, showing the date and time when it was lodged.16. Acceptance of documents lodged out of time
17. Numbering of applications and appeals
18. Form of amendments
19. Maintenance of registers
20. Process of Court and service
21. Signature and sealing of summonses, etc.
Every summons, warrant, order, notice or other mandatory process of, or formal document issued by, the Court shall be signed by a Judge or by the Registrar and shall be sealed with the seal of the Court.22. Change of address for service
A person who has given an address for service may at any time change his address for service by lodging a notice of such change in the appropriate registry and serving copies of it on all persons who have been served with the previous address.23. Locus of appeals and notice of sittings
24. Business during vacations
25. Composition of Court at sitting
Save where a matter is dealt with by a single Judge, for the purpose of hearing any appeal the Court shall consist of three Judges selected by the Chief Justice for that purpose.26. Power of a single Judge
A single Judge may exercise any power vested in the Court, which does not involve the decision of an appeal, but if any Judge rejects any application for the exercise of the power, the person making that application shall be entitled to have his application determined by the Court.27. Appeals to be heard in court
28. Appearances
29. Assignment of advocates
30. Change of advocate
Where any party to an application or appeal changes his advocate or, having been represented by an advocate, decides to act in person or, having acted in person engages an advocate, he shall, as soon as practicable, lodge with the Registrar notice of the change and shall serve a copy of the notice on the other party appearing in person or separately represented, as the case may be.31. Right of audience of advocates
32. List of authorities and copies of judgment to be referred to
33. Order of addresses
34. Power to re-appraise evidence and to take additional evidence
35. Power to call for report
In dealing with any appeal before it, the Court may, if it thinks fit, call for and receive from the trial court a report on any matter connected with the trial proceedings.36. General powers of the Court
The Court may, in dealing with any appeal, so far as its jurisdiction permits, confirm, reverse or vary the decision of the High Court, or remit the proceedings to the High Court with such directions as may be appropriate, or to order a new trial, and to make any necessary incidental or consequential orders, including orders as to costs.37. Judgement
38. Decisions to be embodied in orders
39. Preparation of orders
40. Correction of errors
41. Notification of decisions
Part III – Applications (rules 42-59)
42. Application for leave to appeal or for certificate of point of law
43. Application for leave to appeal in civil matters
In civil matters—44. Applications to High Court first
Whenever application may be made either to the Court or to the High Court, it shall in the first instance be made to the High Court, but in any criminal matter the Court may in its discretion, on application or of its own motion give leave to appeal or extend the time for the doing of any act, notwithstanding the fact that no application has been made to the High Court.45. Form of applications to Court
46. Supporting documents
47. Applications for leave to amend
48. Applications to be lodged in appropriate registry
An application to the Court shall be lodged in the appropriate registry, save where the matter is one of urgency, in which case it may be lodged in the Registry, even if it is not the appropriate registry.49. Where application is lodged in sub-registry
When an application to be heard by a single Judge is lodged in a sub-registry, the deputy registrar shall send it to the Registrar, together with the original record.50. Applications during vacations
An application which the applicant desires to be set down for hearing during a vacation shall, where the applicant is represented by an advocate, be accompanied by a certificate of urgency signed by that advocate.51. Number of copies of applications required
52. Service of notice of motion
53. Affidavits in reply
54. Abatement of applications
55. Hearing of applications by single Judge
Every application shall be heard by a single Judge, save that that application may be adjourned by the Judge for determination by the Court.56. Hearing in Court or in chambers
57. Reference from decision of single Judge
58. Procedure on non-appearance
59. Rescinding of orders
Part IV – Criminal appeals (rules 60-74)
60. Application of Part IV
This Part of these Rules shall apply only to appeals from the High Court acting in original and appellate jurisdiction in criminal cases and to matters relating to them.61. Notice of appeal
62. Consolidation of appeals
63. Transmission of notices of appeal
On receipt of a notice of appeal, the Registrar of the High Court shall forthwith send a copy each to the Registrar and to the respondent named in the notice.64. Preparation of record of appeal
65. Memorandum of appeal
66. Supplementary memorandum
67. Presentation of arguments in writing
68. Where appellant is in prison
69. Transmission of record, etc., to Court
70. Withdrawal of appeals
71. Abatement of appeals
72. Notice and time of hearing
73. Appearance at hearing and dismissal for non-appearance
74. Arguments at hearing
At the hearing of an appeal—Part V – Appeals in civil matters (rules 75-111)
75. Application of Part V
This Part of these Rules shall apply only to appeals from the High Court acting in original and appellate jurisdiction in civil cases and to matters relating to them.76. Notice of appeal
77. Service of notice of appeal on person affected
78. Transmission of notice of appeal
On receipt of a notice of appeal lodged under the provisions of Rule 76, the Registrar of the High Court shall forthwith send one copy of it to the appropriate registry.79. Respondent to give address for service
80. Death of respondent before service of notice
A notice of appeal shall not be incompetent by reason only that the person on whom it is required to be served was dead at the time when the notice was lodged but a copy of the notice shall be served as soon as practicable on the legal representative of the deceased.81. Separate notices of appeal from same decision
82. Application to strike out notice of appeal or an appeal
A person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.83. Institution of appeals
84. Effect of default in instituting appeal
If a party who has lodged a notice of appeal fails to institute an appeal within the appointed time—85. Death of party to intended appeal
86. Memorandum of appeal
87. Notice of cross-appeal
88. Contents of decrees and orders for purposes of appeal
89. Record of appeal
90. Service of memorandum and record of appeal
91. Notification and transmission of papers to Registrar
92. Preparation and service of supplementary record
93. Notice of grounds for affirming decision
94. Service of notice of cross-appeal or of grounds for affirming decision
95. Withdrawal of appeal
96. Appeal by respondent where appeal withdrawn
97. Withdrawal of notice of cross-appeal or of grounds for affirming decision
98. Death of party to appeal
An appeal shall not abate on the death of the appellant or the respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.99. Presentation of arguments in writing
100. Preliminary objection
Where a respondent intends to take a preliminary objection to any appeal or any part of it, he shall, as soon as practicable before the hearing begins, give reasonable notice to the Court and to the other parties to the appeal of that objection, and if that notice is not given the Court may adjourn the hearing and make such order as to costs as it may deem just.101. Notice of hearing
The Registrar shall give all parties to an appeal not less than fourteen days' notice of the date fixed for the hearing of the appeal; but it shall not be necessary to give that notice to any party with whose consent the date for the hearing was fixed.102. Additional parties
103. Consolidation of appeals
The Court may for sufficient reason order any two or more appeals to be consolidated on such terms as it thinks just or may order them to be heard at the same time or one immediately after the other or may order any of them to be stayed until after the determination of any other of them.104. Amendment of documents
The Court may at any time allow amendment of any notice of appeal or notice of cross-appeal or memorandum of appeal, as the case may be, or any other part of the record of appeal, on such terms as it thinks fit.105. Appearances at hearing and procedure on non-appearance
106. Arguments at hearing
At the hearing of an appeal—107. Orders as to costs
The Court may make such order as to the whole or any part of the costs of appeal in the court below as may be just, and may assess them or direct taxation of them; and in the case of a second appeal this Rule shall apply to costs in the trial court as well as in the first appellate court.108. Immaterial errors
No judgement decree or order of the High Court shall be revised or substantially varied on appeal, nor a new trial ordered by the Court, on account of any error, defect or irregularity, whether in the decision or otherwise, not affecting the merits, or the jurisdiction of the High Court; and in the case of a second appeal this Rule shall be construed as applying to both the trial court and the first appellate court.109. Interlocutory order not to prejudice appeal
No interlocutory order from which a separate appeal has not been brought shall operate to prevent the Court from giving such decision upon the appeal as is just.110. Judgement
111. Order for re-trial
Part VI – Fees and costs (rules 112-122)
112. Fees payable
Subject to the provisions of Rule 120 and Rule 122, the fees set out in the Second Schedule shall be payable in respect of the matters and services specified in that Schedule save that—113. Time of payment of fees
114. Security for costs in civil appeals
115. Assessment or taxation of costs
116. Costs improperly incurred
If it appears to the Court that costs have been incurred improperly or without reasonable cause, or that by reason of any undue delay in proceeding under any judgement or order, or of any misconduct or default of the advocate, any costs properly incurred have nevertheless proved fruitless to the person incurring them, the Court may call on the advocate by whom such costs have been so incurred to show cause why those costs should not be borne by the advocate personally, and thereupon may make such order as the justice of the case may require.117. Improper agreement for remuneration
Any agreement whereby the remuneration of an advocate or any amount of it is dependent upon the result of any proceedings in the Court shall be void.118. Taxation
119. Reference on taxation
120. Waiver of fees in criminal appeals
121. Refund of fees paid in criminal appeals
Where an appeal is allowed from the High Court in its appellate jurisdiction, the Court may for sufficient reason order the refund to the appellant of the fees or any part of them paid by him under these Rules.122. Relief from fees and security in civil appeals
Part VII – Miscellaneous provisions (rules 123-124)
123. Application of Rules
[Omitted]124. Transitional provisions
[Omitted]History of this document
31 July 2002 this version
Consolidation
28 September 1979
Commenced
Cited documents 1
Legislation 1
1. | Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka | 2628 citations |