Tanzania
Loans and Advances Realisation Trust Act
LART Loans Recovery Tribunal Rules
Government Notice 309 of 1997
- Published in Tanzania Government Gazette
- Commenced on 11 July 1997
- [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.
These Rules may be cited as the LART Loans Recovery Tribunal Rules.2.
In these Rules unless the context otherwise requires—"act" means and includes any decision, determination, advise or recommendation made under a power or duty conferred or imposed by the provisions of the Act;"petitioner/applicant" means a person who is entitled under the Rules to bring action under the provisions of the Act;"Chairman" means the Chairman appointed under section 18(2)(a) of the Act and includes a Vice-Chairman;"member" means a person appointed under section 18(2)(b) of the Act;"Registrar" means the Registrar of the Tribunal appointed under section 22 of the Act;"respondent" means a person against whom an action has been preferred in the LART Loans Recovery Tribunal;"the Tribunal" means the LART Recovery Tribunal established under section 18(1) of the Act.Part II – General administrative and procedural provisions (rules 3-9)
3.
4.
5.
Where a petition has been duly instituted summons shall be issued to the respondent not later than two days from the date on which the petition is instituted:Provided that no summons shall be issued under this rule when the respondent has appeared at the presentation of the petition, and has proved his identification to the satisfaction of the Tribunal and has admitted the petitions claim.6.
Save where the Tribunal requires the personal appearance of the respondent, a respondent in respect of whom a summons to appear is issued may appear—7.
The day for appearance of the respondent shall be fixed with reference to the current business of the Tribunal, the place of residence of the respondent and the time necessary for the service of the summons; and the day shall be so fixed as to allow the respondent sufficient time to enable him to appear and answer on such day.8.
Where the summons has been issued, the respondent, may before the first hearing or within such time as the Tribunal may permit, present to the Tribunal a written reply to the petition.9.
Part III – Hearing of petitions (rules 10-18)
10.
11.
12.
On the day fixed or on any other day to which the hearing may be adjourned the Tribunal shall first hear the petitioner or his agent and then the respondent or his agent shall have the right of reply.13.
Where the petitioner appears, and the respondent having been duly served does not appear, the hearing of the petition shall proceed in the absence of the respondent, unless the Tribunal for any sufficient reason, sees fit to adjourn the hearing.14.
15.
16.
Where the Tribunal requires any evidence to be produced or witnesses to be called, it shall record its reasons for so doing.17.
When the Tribunal orders evidence to be produced or witnesses to be called, the Tribunal shall specify the points to which the evidence is to be confined, and record on its proceedings.18.
The Tribunal may, in its discretion, receive evidence by affidavit in addition to or in substitution for oral evidence.Part IV – Judgment (rules 19-21)
19.
The Tribunal after hearing the parties or their agents and evidence if any ordered to be produced, and testimony of witness ordered to testify, shall pronounce judgment in public either at once or on some future date of which notice shall be given to the parties or their agents.20.
21.
The Tribunal shall have power to pass any decree and make any order similar to those passed by the High Court of Tanzania and such decree or orders shall have the same effect as if the same were passed by the High Court of Tanzania in accordance with the provisions of the Civil Procedure Code 1.Part V – Decree (rules 22-23)
22.
23.
Certified copies of the judgment and decree shall be furnished to the parties on application to the Tribunal and on payment of fees.Part VI – Fees and costs (rules 24-27)
24.
25.
26.
The Tribunal may make such order as to the costs of a petition as it shall deem just.27.
Part VII – Final provision (rules 28-29)
28.
Without prejudice to the provisions under these Rules, where any matter in a proceeding before the Tribunal is not expressly provided for by these Rules, the Tribunal shall have the power to make such orders as may be necessary for the ends of justice or to prevent abuse of due process under the law.29.
Temporary injunctions and interlocutory orders when granted shall be in force for a period of thirty days only from the date of the order and shall thereafter expire unless the Tribunal extends such period for a further period which the aggregate shall not exceed sixty days, upon being satisfied, on the application of the holder of such injunction that the applicant has diligently been taking steps so settle the matter complained of and such extension sought is in the interest of justice, necessary or desirable. No application for an injunction or interlocutory order shall be heard ex parte.History of this document
31 July 2002 this version
Consolidation
11 July 1997
Commenced