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Court Brokers and Process Servers (Appointments, Remuneration and Discipline) Rules, 1997

Government Notice 315 of 1997

Revoked
This Government Notice was revoked on 2017-09-22 by Court Brokers and Process Servers (Appointment, Remuneration and Disciplinary) Rules, 2017.
Court Brokers and Process Servers (Appointments, Remuneration and Discipline) Rules, 1997
This is the version of this Government Notice as it was when it was revoked.
Citation
Government Notice 315 of 1997
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

Court Brokers and Process Servers (Appointments, Remuneration and Discipline) Rules, 1997

Government Notice 315 of 1997

  • Published in Tanzania Government Gazette
  • Commenced on 1 December 1997
  • [This is the version of this document as it was at 31 July 2002 to 25 September 2008.]
  • [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. [Revoked on 22 September 2017 by Court Brokers and Process Servers (Appointment, Remuneration and Disciplinary) Rules, 2017 (Government Notice 363 of 2017)]
[Section 4; G.N. s Nos. 315 of 1997; 764 of 1997; 299 of 2000]

1. Citation

These Rules may be cited as the Court Brokers and Process Servers (Appointments, Remuneration and Discipline) Rules.

2. Interpretation

In these Rules, unless the context requires otherwise—"Committee" means the Appointments and Disciplinary Committee established by rule 9(1);"court broker and process server" means an auctioneer appointed under Rule 9 to be a court broker or process server;"executing officer" means a court broker or any other person employed by the Registrar of the court or a Magistrate to execute a warrant of attachment or court order for sale;"Magistrate" means the Resident Magistrate in charge of a Region or Resident or District Magistrate in charge of a District;"Registrar" includes Deputy Registrar and a District Registrar of the High Court.

Part I – General provisions (rules 3-7)

3. Engagement of Executing Officer

Where a warrant of attachment or order for sale or other court process is issued by the High Court or the Court of a Resident Magistrate or by a District Court, the Registrar or Magistrate may, employ any person whom he thinks fit to execute the warrant, order or any other court process:Provided that where there is a Court broker or process server appointed for the area where the court process is to be served or property to be attached or sold is situated, the Registrar or Magistrate shall employ that person to execute the warrant, order or any other court process unless there is some sufficient reason for not employing him:Provided further that, where the court broker and process server in a particular area has an interest in a case, then execution or service of the court process shall be effected by an official of the court to be appointed for that purpose, by the Registrar or Magistrate.

4. Notices to judgement debtor

(1)The executing officer shall give the judgement debtor at least fourteen days notice to settle the decretal amount or otherwise comply with the decree or order, prior to the carrying out of the execution order.
(2)In case of an eviction order, the execution officer shall give to the judgement debtor at least fourteen days notice before eviction.

5. Compliance with court order

Where within the period given by the officer under these rules, the judgement debtor settles the judgement or complies with the court order and pays any expenses incurred by the executing officer as assessed by the Registrar or Magistrate, the warrant or order shall cease to have legal effect.

6. Submission of inventories and lists

An executing officer shall, immediately after making an attachment of movable property, forward to the court which has issued the warrant of attachment with a copy to each of the parties; an inventory in the form of an itemized list with values showing the items attached and, the value which the executing officer places on each item:Provided that the executing officer shall not, unless so ordered by the court attach property with a market value which exceeds five per centum or more of the value of the decree plus the execution expenses permitted under these rules.

7. Deposits in cases of attachments, orders for sale, etc.

Where an application has been made for the issue of a warrant of attachment, order for sale or any other court process, or a warrant, order or other process has been issued by the High Court or by a court of Resident Magistrate or a District Court, the Registrar or the Magistrate as the case may be, may require the party applying for attachment, sale or other court process to deposit any sum which may be reasonable to meet the fees, charges and allowances payable under these rules for the execution or service of that warrant, order or any other court process.

Part II – Appointment of Court brokers and Court process servers (rules 8-11)

8. Appointment of Court brokers

(1)There shall be an appointment of a Disciplinary Committee composed of—
(a)the Chief Justice or his Representative who shall be the Chairman;
(b)one member nominated by the Tanganyika Law Society;
(c)one member nominated by the Attorney-General;
(d)the Registrar of the High Court who shall be the Secretary of the Committee.
(2)The Committee may appoint any person to be a Court broker or process server if it is satisfied that that person—
(a)is licensed under the Auctioneers Act 1 to carry on the business of an auctioneer;1Cap. 227
(b)is conversant with the rules of execution and service of Court process as provided for under the Civil Procedure Code 2 and any other relevant laws;2Cap. 33
(c)is of good repute and financial standing;
(d)has adequate facilities for the safe storage of goods; and
(e)is willing and able to pay an application fee of one hundred thousand shillings (100,000/-) or any other amount which the Chief Justice may by Notice published in the Gazette specify from time to time.
(3)Every appointment under subrule (2) shall be signified by a certificate under the hand of the Registrar of the High Court in Form 1 prescribed in the First Schedule.
(4)Every certificate referred to in subrule (3), shall be for a duration of one year and shall be renewable by the Chief Justice on application by the applicant, within three months after the expiry of the certificate and any application lodged after that period shall not qualify to be considered.
(5)The Chief Justice may refuse to renew a certificate if the Court broker or process servers—
(i)is in breach of the rules governing the discharge of his responsibilities; or
(ii)is found guilty of misconduct by the Appointments and Disciplinary Committee; or
(iii)ceases to be qualified for appointment as court broker or process server; or
(iv)is found to be unable to perform his duties due to bad health, old age; or
(v)is subject to frequent litigation against him.

9. Applications for appointment as court

(1)Every application for appointment as court broker and process server shall be in writing and shall state—
(a)the full names, place of business and postal address of the applicant;
(b)the number date and place of issue of the applicant's licence to carry on the business as an auctioneer;
(c)literacy and the languages in which the applicant is fluent;
(d)the facilities the applicant has for the safe storage of goods; and
(e)whether the applicant has a bank account, and if so the name of his bankers, and the account number and the address of the branch at which his account is kept.
(2)An application under subrule (1) shall be in Form 2 prescribed in the First Schedule.
(3)Every application under subrule (1) shall be accompanied by—
(a)a certificate as to the applicant's financial position and commercial repute signed by a Magistrate or an Administrative Officer or any other person of good repute to whom the applicant is personally known;
(b)an undertaking in writing by the applicant that he will, if appointed as a court broker or process server secure within fifteen days of his appointment, and maintain, a policy or policies of insurance covering the goods which may from time to time be in his custody as the court broker against loss to third party arising from theft and against damage or destruction by fire or otherwise in the sum of not less than twenty million shillings or any other sum which the Registrar may direct, and that he will regularly produce for inspection by the Registrar or Magistrate the policy or policies of insurance and the current receipts for premiums paid.

10. Bonds

(1)Every person selected to be a court broker or process server, shall, before a certificate of appointment is issued to him, unless the Chief Justice orders otherwise, enter into a bond with two sureties in the sum of ten million shillings or any other amount which the Chief Justice may by notice published in the Gazette, prescribe.
(2)The bond required under subrule (1) shall be in Form 3 prescribed in the First Schedule, and shall be valid for one year after which it shall be regularly revalidated upon renewal of certificate of appointment.
(3)Upon renewal of appointment of a court broker or process server under subrule (4) of rule 9, the Registrar shall issue a renewal certificate of appointment upon payment of a fee of fifty thousand shillings (50,000/-) or any other amount which the Chief Justice may by notice published in the Gazette prescribe from time to time.
(4)Upon employment, the executing officer shall maintain the register of executions with the particulars of which are shown in Form 4 prescribed in the First Schedule to these rules.
(5)The Registrar or Magistrate shall inspect and evaluate the performance of each of the Court broker and process servers within their jurisdiction once every year.

11. Suspension of broker or process server

(1)The Registrar may, with the approval of the Chief Justice suspend the appointment of a Court broker and process server when disciplinary proceedings are been taken or are likely to be taken against that Court broker or process server.
(2)Where the appointment of a Court broker or process server is suspended, disciplinary proceedings against him shall, within a reasonable time; be instituted before the Appointments and Disciplinary Committee.
(3)Where disciplinary proceedings are instituted, the Appointments and Disciplinary Committee, shall regulate its proceedings according to the principles of natural justice.
(4)The Appointments and Disciplinary Committee shall have power to revoke the appointment or impose lesser penalties including reprimand.
(5)Where a court broker dies or is suspended or his licence is revoked or not renewed, any property attached by him before that occurrence may be transferred by the court to another court broker on such terms as the court may deem fit.

Part III – Fees and expenses (rules 12-16)

12. Fees and charges

(1)The fees, charges and allowances prescribed in the Second Schedule to these Rules shall be payable for the execution of warrants of attachment and orders for sale issued by the High Court, Courts of Resident Magistrates or District Courts, and moneys paid to the court broker in execution of such warrant or order, shall be deposited in the court within fifteen days from the date of the attachment or sale, as the case may be:Provided that where a warrant of attachment or order for sale is to be executed outside the limits of any city, municipality or township or in any other case if in the opinion of the Registrar or Magistrate, there are special circumstances, the Registrar or Magistrate may, if he thinks fit, allow special fees, charges or allowances.
(2)The fees, charges and allowances payable under this rule shall be levied and collected by the court and, subject to the provisions of rule 15, paid to the executing officer.
(3)The fees, charges and allowances payable under this rule shall be determined by the executing court and for this purpose, the executing officer, shall file his bill of costs with the court in sufficient number to serve copies on all the parties, and the court shall determine the amount payable after hearing the parties.
(4)Fees and allowances in respect of service of court process shall be payable in accordance with the Second Schedule to the Court Fees Rules 3.3G.N. No. 308 of 1964
(5)In case of any objection proceedings arising from the attached property, where the objection is granted; the charges and allowances of the executing officer shall be met by the decree holder or any person who pointed out those properties.

13. Expenses of advertisement, etc.

The prescribed fees, charges and allowances shall, except where otherwise allowed, be deemed to include all expenses of advertisement, inventories, catalogues, and necessary charges for safeguarding the property under attachment:Provided that, where after an order for sale has been made the sale is stopped or postponed, the executing officer shall be entitled to receive all the expenses and charges which he may, in the opinion of the Registrar or Magistrates, properly have incurred.

14. Special provisions regarding livestock

If the property sought to be attached or sold is livestock, the court may, after hearing the parties and the executing officer, sanction any arrangement which he may think fit for the safe custody, feeding and transport of the livestock and for the fixing and payment of costs incurred, which costs may be additional to the fees prescribed by these rules and the Court shall have power to withdraw the warrant of attachment if it is of the opinion that no satisfactory arrangement can be made between the executing officer and the attaching creditor.

15. Government officer employed as executing officer

Where the executing officer is an officer of the Government, the fees, charges and allowances prescribed in the Second Schedule to these rules shall be levied and credited to as court fees in addition to any other court fees payable.

16. Revocation of G.N. No. 298 of 1964

[Revokes the Attachment and Sale (Brokers and Fees) Rules.]

First Schedule

Forms

Editorial note: The forms have not been reproduced

Second Schedule

Part I – Attachment

 Item No.Fees
1.For attaching or taking possession of movable property and keeping possession of the same for 30 days or part thereof, when the estimated value of the property(in accordance with the executing officer's inventory furnished under rule 6)— 
(a) does not exceed Shs. 200,000/-5% but not exceeding Shs. 10,000/-
(b) exceeds Shs. 200,000/-but does not exceed Shs. 2,000,000/-Shs. 10,000/ plus 2% of the amount in excess of Shs. 200,000/-
(c) exceeds Shs. 2,000,000/-but does not exceed Shs. 50,000,000/Shs. 30,000/-plus 1% of the amount in excess of Shs. 2,000,000/-
(d) exceeds Shs. 50,000,000/-Shs. 100,000/-plus 0.5% if the amount in excess of Shs. 50,000,000/-
Provided that where it is considered necessary to hold the property for longer period, the executing officer shall, in addition to the fee calculated on the basis of the above schedule, be reimbursed for the additional costs/expenses which in the opinion of the Registrar or Magistrate, are properly incurred. 
2.For attaching immovable property where the amount of the decree in execution of which the property is attached— 
(a) does not exceed Shs. 200,000/-5% but not exceeding Shs. 10,000/-
(b) exceeds Shs. 200,000/-but does not exceed Shs. 2,000,000/-Shs. 10,000/-plus 2% of the amount in excess of Shs. 200,000/-
(c) exceeds Shs. 2,000,000/-but does not exceed Shs. 50,000,000/-Shs. 30,000/-plus 1% of the amount in excess of Shs. 2,000,000/-
(d) exceeds Shs. 50,000,000/-Shs. 100,000/-plus 0.5% of the amount in excess of Shs. 50,000,000/-
3.For attending to, attaching or taking possession of movable property, where no property is found after diligent inquiries, the executing officer shall be paid 1% of the decretal amount and be reimbursed for actual expenses incurred in the exercise. 

Part II – Sale

4.For selling movable property where the amount realised— 
(a) does not exceed Shs. 200,000/-5% but not exceeding Shs. 10,000/-
(b) exceeds Shs. 200,000/-but does not exceed Shs. 2,000,000/-Shs. 10,000/-plus 2% of the amount in excess of Shs. 200,000/-
(c) exceeds Shs. 2,000,000 but does not exceed Shs. 50,000,000/-Shs. 30,000/-plus 1 % of the amount in excess of Shs. 2,000,000/-
(d) exceeds Shs. 50,000,000/-Shs. 100,000/-plus 0.5% of the amount in excess of Shs. 50,000,000/-
5.For selling immovable property, where the amount realised— 
(a) does not exceed Shs. 200,000/-5% but not exceed shs 10,000/-
(b) exceeds Shs. 200,000/-but does not exceed Shs. 2,000,00/-Shs. 10,000/-plus 2% of the amount in excess of Shs. 200,000/-
(c) exceeds Shs. 2,000,000/-but does not exceed shs 50,000,000/-Shs. 30,000/-plus 1% of the amount in excess of Shs. 2,000,000/-
(d) exceeds Shs. 50,000,000/-Shs. 100,000/-plus 0.5% of the amount in excess of Shs. 50,000,000/-
6.Where an order of sale has been made but the executing officer is informed by the Registrar or Magistrate that the attachment is deemed to have been withdrawn or has ceased or that the order for the sale has been set aside or the sale has been postponed by the Court or the property was for any other reason unsold or where the decretal amount and costs (including the costs of the sale) are tendered to the executing officer or proof is given to his satisfaction that such amount and costs have been paid into the court— 
(a)before commencement of saleNIL
(b)after commencement of sale where estimated value of property ordered to be sold— 
(i) does not exceed shs 200,000/-5% but not exceeding Shs. 10,000/-
(ii) exceeds Shs. 200,000/-but does not exceed Shs. 200,000/-Shs. 10,000/-plus 2% of the amount in excess of Shs. 200,000/-
(iii) exceeds Shs. 2,000,000/-but does not exceed Shs. 50,000,000/-Shs. 30,000/-plus 1% of the amount in excess of Shs. 2,000,000/-
(iv) exceed Shs. 50,000,000/-Shs. 100,000/ plus 0.5% of the amount in excess of Shs. 50,000,000/-.
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History of this document

22 September 2017
26 September 2008 amendment not yet applied
31 July 2002 this version
Consolidation
01 December 1997
Commenced