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Housing Appeals Tribunal (Appeals) Rules, 1990

Government Notice 249 of 1990

Housing Appeals Tribunal (Appeals) Rules, 1990
Citation
Government Notice 249 of 1990
Primary work
Rent Restriction Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Rent Restriction Act

Housing Appeals Tribunal (Appeals) Rules, 1990

Government Notice 249 of 1990

  • Published in Tanzania Government Gazette
  • Commenced on 20 July 1990
  • [This is the version of this document at 31 July 2002.]
  • [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.]
[Section 41(4); G.N. No. 249 of 1990]

Part I – Preliminary provisions

1. Short title

These Rules may be cited as the Housing Appeals Tribunal (Appeals) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"the Act" means the Rent Restriction Act1;1Cap. 339"agent" includes a practising advocate and any person who, under section 14(9) of the Act, is permitted to appeal and act for any party in proceedings under the Act;"Appeals Tribunal" means the Housing Appeals Tribunal;"Chairman" means the Chairman, or Deputy-Chairman of either the Housing Appeals Tribunal or the Regional Housing Tribunal;"petition of appeal" includes the memorandum of appeal, the record of the grounds of appeal where the same have been stated orally and recorded by the Tribunal or the Appeals Tribunal;"proper officer" means the Chairman or Deputy-Chairman and includes the Registrar and any officer duly authorised in that behalf by the Chairman or Deputy-Chairman;"Registrar" means the Registrar of the Housing Appeals Tribunal;"registry" means the Registry of the Appeals Tribunal at Dar es Salaam;"subregistry" means the office of every Regional Housing Tribunal;"Tribunal" means the Regional Housing Tribunal.

Part II – General administrative and procedural provisions

3. Institution of Appeals

(1)Every appeal shall be instituted by lodging in the registry or subregistry a petition of appeal in quintuplicate signed by the appellant or his agent and presented to the Registrar at the registry or to a proper officer at the subregistry.
(2)The petition of appeal shall be accompanied by a copy of the decree appealed from and of the judgment and shall be presented in quintuplicate.
(3)The petition of appeal shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any arguments or narrative, and such grounds shall be numbered consecutively.
(4)A prescribed fee and any reasonable deposit as the Chairman or the Registrar shall reasonably assess and affix shall be paid to defray costs.

4. Grounds which may be taken on appeal

An appellant shall not, except by leave of the Appeals Tribunal, be heard in support of any ground of objection not set forth in the memorandum of appeal, but the Appeals Tribunal, in deciding the appeal, shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the Appeals Tribunal under this rule:Provided that the Appeals Tribunal shall not rest its decision on any other ground unless the party who may be affected thereby has had sufficient opportunity of contesting the case on that ground.

5. Time within which appeal to be lodged

No appeal to the Appeals Tribunal from an order, decision or determination of a Tribunal shall be made later than forty-five (45) days from the date of the order, decision or determination appealed from:Provided that the Appeals Tribunal may for good and sufficient cause grant any party leave to appeal out of time. When any such leave is granted, the Appeals Tribunal shall specify the date by which the appeal shall be lodged.

6. Application for leave to appeal out of time

An application for leave to appeal out of time to the Appeals Tribunal shall be in writing supported by an affidavit setting out the reasons why a petition of appeal was not or cannot be filed within forty-five 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.

7. Filing notice of appeal

(1)Any party who desires to appeal to the Appeals Tribunal shall lodge a written notice in quintuplicate with the Registrar or the Chairman of the Tribunal which passed the decision, order or determination appealed against.
(2)Every notice shall be lodged within fourteen (14) days of the date of decision against which it is desired to appeal.
(3)A notice of appeal shall be signed by the appeallant or his agent.

8. Service of notice of appeal and treatment of record of appeal

(1)On receipt of a notice of appeal, where the same has been filed in the subregistry, any proper officer shall forthwith cause the said notice to be served on the respondent or respondents named therein and shall thereafter compile a record of appeal in quintuplicate, and after certifying each copy thereof he shall dispatch, under registered post, five copies of the record to the Registrar.
(2)The respondent, or, if there are more than one respondent, each shall be entitled to receive a copy of the compiled record of appeal on payment of fees.
(3)On receipt of the notice of appeal and the record of appeal the Registrar shall register the appeal, thereby assigning to it the serial number of the Appeals Tribunal and shall communicate to the Chairman of the Tribunal at the subregistry where the notice and the record of appeal originated.

9. 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—
(a)he shall be deemed to have withdrawn his notice of appeal and shall, unless the Appeals Tribunal orders otherwise, be liable to pay the costs of any party on whom the notice of appeal was served arising from that failure to institute the appeal;
(b)any person on whom the notice of appeal was served shall be entitled to give notice of appeal notwithstanding that the appointed time has expired, if he does so within fourteen (14) days of the date by which the party who lodged the previous notice of appeal should have instituted his appeal.

10. Death of party to intended appeal

(1)An appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of his legal representative.
(2)An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted but the Appeals Tribunal 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, as the case may be.

11. Death of party to appeal

An appeal shall not abate on the death of the appellant or the respondent but the Appeals Tribunal 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.

12. Notification and dispatch of records and documents to Appeals Tribunal

(1)When an appeal has been instituted in a subregistry any proper officer shall—
(a)inform the Registrar of the names of the appellant and respondent and the names of their respective advocates, if any, and the date when the appeal was instituted;
(b)compile and certify the record of the proceedings in quintuplicate and shall send them together with the original record and the exhibits, if any, to the Registrar. However, the Chairman or the proper officer at the subregistry shall not, unless required to do so, send to the Registrar any exhibits which, because of their size, cannot conveniently be so sent;
(c)ensure so far as practicable that all exhibits not so sent to the Registrar are available for inspection by the Appeals Tribunal at the hearing of the appeal.
(2)When an appeal has been instituted in the Registry, the Registrar shall obtain from the Tribunal whose decision or order it is appealed from, the original record and five certified copies of such proceedings and so far as practicable the exhibits.

13. Registration of appeals

(1)When a petition of appeal to the Appeals Tribunal is filed in the subregistry any proper officer shall cause the date of filing to be endorsed on the petition before dispatching it to the Registrar.
(2)When a petition of appeal is received in the Appeals Tribunal, it shall immediately be numbered and entered in a register to be kept for that purpose.

14. Amendment of documents

The Appeals Tribunal may at any time allow amendment of any notice of appeal or notice of cross-appeal or petition of appeal, as the case may be, or any other part of the record of appeal, on such conditions as it thinks fit.

15. Stay by Appeals Tribunal

(1)An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appeals Tribunal may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appeals Tribunal may for sufficient cause order stay of execution of such decree.
(2)Where an application is made for stay of execution of an appellable decree before the expiration of the time allowed for appealing, the Tribunal which passed the decree may on sufficient cause shown, order the execution to be stayed.
(3)No order for stay of execution shall be made under subrule (1) or subrule (2) unless the Appeals Tribunal or the Tribunal is satisfied that—
(a)substantial loss may result to the party applying for stay of execution unless the order is made;
(b)the application has been made without unreasonable delay; and
(c)security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.
(4)Notwithstanding anything contained in subrule (3) the Appeals Tribunal or the Tribunal may make an ex-parte order for stay of execution pending the hearing of the application.

16. Publication and service of notice of day for hearing

(1)An order in respect of the day fixed for hearing shall be recorded in the case file, and a like notice shall be sent by the Appeals Tribunal to the Tribunal from whose decree the appeal is preferred, and shall be served on the respondent or on his advocate.
(2)Instead of sending the notice to the Tribunal from whose decree the appeal is preferred, the Appeals Tribunal may itself cause the notice to be served on the respondent or his advocate.
(3)The notice of hearing shall, within fourteen days from the day it is issued, be given to all the parties to an appeal, but it shall not be necessary to give that notice to any party with whose consent the date for hearing was fixed.

17. Contents of notice

The notice to the respondent shall declare that, if he does not appear before the Appeals Tribunal on the day so affixed, the appeal shall be heard ex-parte.

18. Withdrawal of Appeal

(1)An appellant may at any time after instituting his appeal and before the appeal is called on for hearing lodge in the registry or subregistry, as the case may be, a written notice that he does not intend further to prosecute the appeal.
(2)On receipt of the notice lodged by the appellant to withdraw his appeal the Appeals Tribunal shall strike the appeal out of the list of pending appeals.

19. Appeal by respondent where appeal withdrawn

(1)If an appeal is withdrawn under regulation 18 after notice of cross-appeal has been given, the respondent who gave the notice may withdraw within fourteen (14) days of the service on him of the notice of withdrawal, if it is not so withdrawn, the cross-appeal shall proceed to hearing and the provisions of these rules shall apply as if the cross-appellant were an appellant and the appellant a respondent.
(2)If any appeal is withdrawn under rule 18 within fourteen (14) days of the date when the appeal was instituted, any respondent who has not lodged a notice of cross-appeal shall be entitled to give notice of appeal notwithstanding that the time limited by rule 5 has expired, if he does so within fourteen days of the date when the appellant's notice of withdrawal was served on him.

20. Preliminary objections

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 Appeal Tribunal and to the other parties to the appeal of that objection, and if that notice is not given, the Appeals Tribunal may adjourn the hearing and make such order as to costs as it may deem just.

21. Interlocutory order not prejudice the appeal

No interlocutory order from which a separate appeal has not been brought shall operate to prevent the Appeals Tribunal from giving such decision upon the appeal as is just.

22. 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 Appeals Tribunal otherwise orders, be heard together.

23. Consolidation of appeals

The Appeals Tribunal 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.

Part III – Hearing of appeals

24. Summary rejection of appeal

(1)The Appeals Tribunal shall have power to reject an appeal summarily.
(2)Where the Appeals Tribunal rejects an appeal summarily, notice of such rejection shall be served upon the appellant or his agent.

25. Day for hearing appeal

(1)Unless the Appeals Tribunal dismissed the appeal summarily under rule 24, it shall fix a day for hearing the appeal.
(2)Such day shall be fixed with reference to the current business of the Appeals Tribunal, the place of residence of the respondent, and the time necessary for the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal on such day.

26. Adjournments

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

27. Procedure at the hearing of an appeal

On the day fixed, or on any other day to which the hearing may be adjourned, the Appeals Tribunal shall first hear the appellant or his agent and then, unless it forthwith dismisses the appeal, the respondent or his agent shall have the right to reply.

28. 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. In such event, and unless the Appeals Tribunal has expressly required the appearance of the appellant, it shall not dismiss the appeal for want of appearance but 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 Appeals Tribunal 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 Appeals Tribunal for any sufficient reason sees fit to adjourn the hearing. If the respondent has, before the date of the hearing, filed a statement in writing of his arguments in opposition to the appeal, the Appeals Tribunal shall have regard to such arguments.

29. Failure to deposit costs

Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within the period fixed, the sum required to defray the cost of serving the notice, the Appeals Tribunal may make an order that the appeal be dismissed:Provided that no such order shall be made although the notice has not been served upon the respondent, if on any such day the respondent appears when the appeal is called on for hearing.

30. Appellant restricted to ground of appeal

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

31. Re-admission of appeal dismissed for default

Where an appeal has been dismissed under rule 28(2) in default of appearance by the appellant, he or his agent may apply to the Appeals Tribunal for the re-admission of the appeal; and if the Appeals Tribunal 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 to impose upon him.

32. Re-hearing of application by respondent against whom ex-parte decree made

Where an appeal is heard in the absence of the respondent and judgment is pronounced against him under rule 28(3), he or his agent may apply to the Appeals Tribunal to re-hear the appeal and if the Appeals Tribunal is satisfied that the notice of hearing was not duly served or that he was prevented by a sufficient cause from appearing either personally or by agent when the appeal was called on for hearing, the Appeals Tribunal shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.

33. Power to adjourn hearing and direct persons appearing interested to be made respondents

When it appears to the Appeal Tribunal at the hearing of an appeal that any person who was a party to the suit in the Tribunal from whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result of the appeal, the Appeals Tribunal may adjourn the hearing to a future date to be fixed by the Appeals Tribunal and direct that such person be made a respondent.

34. Order for re-trial

(1)The Appeals Tribunal may, as it shall deem just, order that a new trial be held in respect of any matter tried by the Tribunal.
(2)A new trial shall not be granted on the ground of the improper admission or rejection of evidence unless in the opinion of the Appeals Tribunal some substantial wrong or miscarriage of justice has been occasioned.

35. Where Appeals Tribunal may frame issues, and refer them for trial whose decree appealed from

Where the Tribunal from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appeals Tribunal essential to the right decision of the matter upon the merits, the Appeals Tribunal may, if necessary, frame issues, and refer the same for trial to the Tribunal from whose decree the appeal is preferred, and in such case shall direct such Tribunal to take the additional evidence required; and such Tribunal shall proceed to try such issues, and shall return the evidence to the Appeals Tribunal together with its findings thereon and the reasons thereof.

36. Findings and evidence to be put on record

(1)The evidence and findings mentioned in section 35 shall form part of the record in the suit; and either party may, within a time to be fixed by the Appeals Tribunal, present a memorandum of objections to any finding.
(2)After the expiration of the period so fixed for presenting such memorandum the Appeals Tribunal shall proceed to determine the appeal.

37. Production of additional evidence in Appeals Tribunal

(1)The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appeals Tribunal:Provided that the Appeals Tribunal may allow any evidence to be produced or witness to be examined—
(a)if the Tribunal from whose order, decision or determination the appeal is preferred has refused to admit evidence which ought to have been admitted; or
(b)if the Appeals Tribunal requires any document to be produced or any witness to be examined to enable it to pronounce judgment; or
(c)for any other substantial cause as the Appeals Tribunal may in its discretion deem just.
(2)Whenever the Appeals Tribunal requires any document to be produced or witness to be examined, it shall record its reasons for so doing.

38. Mode of taking additional evidence

Wherever additional evidence is allowed to be produced, the Appeals Tribunal may direct the Tribunal from whose decree the appeal is preferred, to take such evidence and to send it, when taken, to the Appeals Tribunal.

39. Points to be defined and recorded

Where additional evidence is directed or allowed to be taken the Appeals Tribunal shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified.

Part IV – Judgment in appeal

40. Judgment when and where pronounced

The Appeals Tribunal after hearing the parties or their agent and referring to any part of the proceedings to which reference may be considered necessary, shall pronounce judgment in public (in the room where it ordinarily hears appeals) either at once or on some future date of which notice shall be given to the parties or their agents.

41. Contents, date and signature judgment

(1)The judgment of the Appeals Tribunal 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 decree appealed from is reversed or varied, the relief to which the appellant is entitled,
and at the time that it is pronounced shall be signed and dated by the Chairman or the Registrar, who shall certify it.
(2)Such judgment may be pronounced notwithstanding the absence of all the members who composed the Appeal Tribunal or any of them, and the judgment may be read by the Chairman or the Registrar.
(3)A certified copy of the judgment shall be sent together with the original record by the Registrar to the Tribunal whose decree the appeal was preferred against. Similar certified copies of judgment shall be distributed to other Tribunals in Tanzania Mainland and to appropriate legal Institutions.

42. What judgment may direct

The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or if the parties to the appeal agree as to the form which the decree in appeal shall take, or as to the order to be made in appeal shall take, the Appeals Tribunal may pass a decree or make an order accordingly.

43. Power of Appeals Tribunal in appeals

The Appeals Tribunal shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Appeals Tribunal notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents, or parties, although such respondents or parties may not have filed any appeal or objection.

Part V – Decree in appeal

44. Date and contents of decree

(1)The decree of the Appeals Tribunal shall bear the date and the day on which the judgment was pronounced.
(2)The decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent, and a clear specification of the relief granted or other adjudication made.
(3)The decree shall also state the amount of costs incurred in the appeal, and by whom or out of what property, and in what proportion such costs and the costs in the suit are to be paid.
(4)The decree shall be signed and dated by the Chairman who passed it or by the Registrar.

45. Copies of judgment and decree to be furnished to parties

Certified copies of the judgment and decree in appeal shall be furnished to the parties on application to the Appeals Tribunal and on payment of fees.

46. Certified copy of decree to be sent to the Tribunal whose decree appealed from

A copy of the judgment and of the decree, certified by the Appeals Tribunal Chairman or the Registrar, shall be sent to the Tribunal which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appeals Tribunal shall be made in the register of Rent Applications.

Part VI – Fees and costs in appeals

47. Fees payable

(1)The fee set out by the Rent Restriction (Appeals) (Amendment) Rules2 shall be payable in respect of the matters and services specified therein.2G.N. No. 102 of 1984
(2)Copies of any documents may be issued without fee to such person as the Chairman may nominate or at such reduced fee as he may direct.

48. Waiver of fees

(1)If in any appeal to the Appeals Tribunal the Chairman is satisfied on the application of the appellant that the appellant ought not, by reason of poverty, to be required to pay the whole of the fees ordinarily payable, he may by order direct that the whole or any part of the fees be waived.
(2)An application for an Order under subrule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he would be required to pay as fees or to deposit in respect of fees; save that the Chairman may entertain any such application out of time if it appears to him that there was sufficient cause for the delay in making it.
(3)No fee shall be payable on the lodging of any such application.
(4)The Chairman considering the means of an applicant may rely on a report made to him by the Registrar or any proper officer of the Appeals Tribunal.
(5)The Chairman making an order under subrule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the petition of appeal.

49. Time of payment of fees

(1)The fee payable on lodging any document shall be payable at the time when the document is lodged.
(2)The Chairman, or the Registrar and any proper officer of the Appeals Tribunal may require the payment in advance of the fee for any other service or, where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it. Any fee so paid in advance or deposit made shall be refunded if the request for the service is cancelled before the service has been rendered.

50. Appeals Tribunal may require appellant to furnish security for costs

(1)The Appeals Tribunal may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both.
(2)The amount of security shall be such as the Chairman or the Registrar shall in his discretion assess and fix.
(3)Where such security is not furnished within such time as appointed the Appeals Tribunal shall reject the appeal.
(4)The Appeals Tribunal may at any time, if it thinks fit, direct that further security for costs be given and may direct that security be given for the payment of past costs relating to the matters in question in the appeal.
(5)Where security for costs has been lodged the Registrar may pay it out either by consent of the parties or in conformity with the decision of the Appeals Tribunal having regard to the rights of the parties under that decision.

51. Security in case of order for execution of decree appealed from

Where an order is made for the execution of a decree from which an appeal is pending, the Tribunal which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Tribunal, or the Appeals Tribunal may for like cause direct the Tribunal which passed the decree to take such security.

52. No security to be required from the Government or a public officer in certain cases

No such security as is mentioned in rules 50 and 51 shall be required from the Government or, where the Government has undertaken the defence of the suit, from any public officer sued in respect of an act alleged to be done by him in his official capacity.

53. Order for costs

The Appeals Tribunal may make such order as to the costs of an appeal as it shall deem just.

54. Assessment and taxation of costs

(1)When making any decision as to the payment of costs, the Appeals Tribunal may assess them or direct them to be taxed, and any decision as to the payment of costs, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.
(2)Where the Appeals Tribunal directs that costs of an appeal shall be taxed, such costs shall be taxed in accordance with the provisions of the Advocates Remuneration and Taxation of Costs Rules, 1955.
(3)The Registrar shall be a Taxing Officer with power to tax the costs, as between party and party, or arising out of any application or appeal to the Appeals Tribunal.
(4)The remuneration of an advocate by his client in respect of any application or appeal shall be subject to taxation in the Appeals Tribunal and shall be governed by the rules and scales applicable to proceedings in the High Court.
(5)For the purposes of execution in respect of costs, the decision of the Appeals Tribunal directing taxation and the certificate of the Taxing Officer as to the result of such taxation shall together be deemed to be a decree.

55. Reference on taxation

(1)Any person who is dissatisfied with a decision of the Registrar in his capacity as Taxing Officer may require any matter of law or principle to be referred to the Chairman for his decision and the Chairman shall determine the matter as the justice of the case may require.
(2)Any person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to the Chairman who shall have power to make such deduction or addition as will render the bill reasonable.
(3)An application for reference may be made to the Registrar informally at the time of taxation or by writing within seven days after taxation.

56. Appeals Tribunal may give relief from fees and security for costs

(1)If in any appeal the Appeals Tribunal is satisfied on the application of an appellant that he lacks the means to pay the required fees or to deposit the security for costs and that the appeal is not without reasonable possibility of success, the Appeal Tribunal may by order direct that the appeal may be lodged—
(a)without prior payment of fees, or on payment of any specified sum less than the amount would have ordinarily been assessed and fixed; or
(b)without security for costs being lodged, or on lodging of any specified sum less than the amount which would have ordinarily been assessed and fixed.
(2)No fee shall be payable on the lodging of any such application.
(3)No fee or security for costs shall be payable or lodged by an appellant who has been granted legal aid under a judicial recognised by the Legal Aid Scheme.

Part VII – Final provisions

57. Application of other Laws

(1)Without prejudice to the provisions under these Rules, where any matter in a proceeding before the Appeals Tribunal is not expressly provided for by these Rules, the Civil Procedure Code3 shall, mutatis mutandis, apply in relation to such matter.3Cap. 33
(2)The Provisions of the Magistrates' Courts Act4 relating to appeals from the District Courts to the High Court shall, mutatis mutandis, apply to appeals from Tribunals to the Appeals Tribunal.4Cap. 11
(3)The Law of Limitation Act5 shall apply in relation to appeals before the Appeals Tribunal.5Cap. 89

58. Revocation of Rules

[The Rent Restriction (Appeals) Rules6, are hereby revoked.]6G.N. No. 357 of 1962
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History of this document

31 July 2002 this version
Consolidation
20 July 1990
Commenced