Commercial Court (Fees) Rules, 1999

Government Notice 275 of 1999

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Commercial Court (Fees) Rules, 1999

Tanzania
Judicature and Application of Laws Act

Commercial Court (Fees) Rules, 1999

Government Notice 275 of 1999

  • Published in Tanzania Government Gazette
  • Commenced on 1 October 1999
  • [This is the version of this document as it was at 31 July 2002 to 22 December 2005.]
  • [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.]
[Section 4; G.N. No. 275 of 1999]

1. Citation

These Rules may be cited as the Commercial Court (Fees) Rules.

2. Court fees

The fees specified in the Schedule to these Rules shall be paid in the Commercial Court in respect of all proceedings and matters specified therein and the Court (Fees) Rules shall not apply to the Commercial Court.

3. Liability sees

Unless it is otherwise provided for expressly, and without prejudice to any eventual order for costs, the fee for any matter in the Commercial Court shall be payable by the person applying for that matter.

4. Valuation

(1)Where any fee is payable ad valorem, the value of the property or interest shall be deemed to be the amount which it is estimated such property or interest would realise if sold in the open market at the time when the fee is paid and that value shall be declared by the person paying the fee and the officer of the court who assesses the fee may require such declaration to be supported by a certificate of the court broker or other evidence.
(2)In assessing the value of any land, the land shall be deemed to include all buildings, erection, works, tree and perennial crops thereon except where the person bringing the proceedings expressly declares that such buildings, erection, works, trees or perennial crops are excluded from the proceeding but not annual crops unless such annual crops are part of the subject matter of the proceedings.

5. Assessment of fees

Where a person paying a fee under these Rules is dissatisfied with the assessment of the fee by the officer of the court, such officer shall refer the matter to the Registrar of the court and the Registrar shall assess the fee and give his reasons in writing.

6. Reference

(1)Where a fee has been assessed under rule 5, any part to the proceeding aggrieved by that assessment may refer his objection to the Court of Appeal.
(2)A reference under this rule shall be by way of chamber summons supported by an affidavit giving grounds of the objection.
(3)Any reference referred to in this section may be made at any time not later than thirty days after the date of the determination of the proceedings.
(4)The Court of Appeal may defer consideration of any objection referred to it under this rule pending the determination of the proceedings or the hearing of the appeal if any.

7. Refund of fees

(1)If any appeal is withdrawn or abates within one year of the date on which it was filed, one-half of the fee paid for filing the appeal shall be refunded on application in writing made by the person who paid it.
(2)Where the Court of Appeal in exercise of its appellate or revisional jurisdiction has ordered the rehearing de novo of any proceedings, it may, in its discretion, order the refund of all or any appeal fees to the person who paid the same.
(3)Where the court makes an order for the refund of any fee wholly or in part, it shall record its reasons for so doing.

8. Government proceedings

No fee shall be payable by the Republic or the Government in respect of proceedings instituted by or against the Republic or the Government but a judgement in favour of the Republic or the Government for costs shall, unless the court directs otherwise, included the amount of the fees which would have been payable if the proceedings had been instituted by or against a private person.

9. Exemption

Where by any convention, agreement or treaty entered into by the Republic with any other country it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in the Schedule to these Rules shall not be payable in respect of those proceedings.

Schedule

Fees

1.On filing a plaint, counter-claim or set off— 
 (a)Forty cents shall be payable for every twelve shillings of the value of the subject matter or of the amount claimed in a suit or counter-claim or set off. 
(b)Where the claim is for damage but no specific amount is claimedShs. 100,000/-
(c)Where the claim is for injunction or declaration (other than declaration of title to property) or other order which cannot be valued in terms of moneyShs. 100,000/-
(d)Where the claim is made by a landlord for recovery of possession from a tenant, for each Shs. 2,000/-or part thereof of the gross annual rent of the property shs. 15,000/- 
Provided that where the claim is by landlord but so that the fee shall not exceed Shs. 30,000/-for recovery of rent and possession, the aggregate fee payable under this paragraph (as of this item and under this paragraph) shall not exceed Shs. 80,000/- 
2.On making an interlocutory application whether written or oral, including the fee for an affidavit in support and for the order thereonShs. 15,000/-
3.For applying for the issue of a chamber summons, application not otherwise provided for and including the fees for filling an affidavit in support and for the order thereonShs. 20,000/-
4.On filing application for adjournment or for leave to file a pleading or other document out of time including the fee for the order thereonShs. 20,000/-
5.On filing an application for an order of mandamus or certiorari or an injunction (other than a temporary injunction)Shs. 10,000/-
6.Filing and deposit of other documents and on filing an account, including the fee for filing the report thereon, (if any)Shs. 15,000/-
7.On filing a bill of costs for taxationShs. 20,000/-
8.On filing any document not otherwise provided forShs. 15,000/-
9.On depositing any document not otherwise provided forShs. 15,000/-
10.For the issue of warrant of attachment, evicting order, prohibitory order or other process in execution of a decree or order of the courtShs. 20,000/-
11.For the service of any document, in addition to all necessary expenses where the service is to be effected outside the limits of the city, municipality or township in which the court issuing the document is situatedShs. 20,000/-
12.For the service of document at the request of a person outside the court jurisdictionShs. 30,000/-
13.For the issue of every notice, summons or warrant not otherwise provided forShs. 15,000/-
14For taking the evidence of a witness before hearing of the suitShs. 15,000/-
Evidence:
15.For taking evidence on Commission and in addition for every houror part thereof after the listShs. 15,000/-
16.On tendering an exhibitShs. 15,000/-
Issue and transfer of decrees:
17.For the issue of a decree or order otherwise provided forShs. 15,000/-
18.For the transfer of a decree outside Tanzania including the fees for application for an order, certificate of non-satisfaction and communicationShs. 30,000/-
19.For attesting a signatureShs. 15,000/-
Attendance and communications:
20.For the attendance of an officer of the court to view, in addition to all necessary expenses, unless the court otherwise orders. 
21.All necessary expenses, unless the court orders otherwiseShs. 20,000/-
22.for the attendance of an officer of the court at a sale 
23.For the attendance of an officer of the court to administer an oath or affirmation or to take an affidavit or receive a declaration elsewhere than at the office of the court, in addition to the fee prescribed under item 22 and all necessary expensesShs. 15,000/-
24.For communication with a tribunal within Tanzania (except where the communication in respect of services of document issued by the court)Shs. 15,000/-
25.For communication with a tribunal outside TanzaniaShs. 30,000/-
Recording, certifying, copying, translating and producing for inspection:
26.For recording the particulars of a plaint, application or other pleadingShs. 10,000/-
27.For recording the particulars of an affidavit or declarationShs. 10,000/-
28.For translation of any document— 
(a)for the first 100 words or part thereofShs. 10,000/-
(b)for each subsequent 100 words or part thereofShs. 5,000/-
29.For certifying as a correct the translation of any document (where or not such copy has been made by an officer of the court— 
(a)for the first 100 words or part thereofShs. 5,000/-
(b)for each subsequent 100 words or part thereofShs. 2,000/-
30.For certifying as correct a copy of any document (whether or not such copy has been made by an officer of the court). 
(a)for the first 100 words or part thereofShs. 5,000/-
(b)for each subsequent 100 words or part thereofShs. 2,000/-
31.For certifying a signature on SealShs. 15,000/-
32.For the issue of a certificate of non-satisfaction of decreeShs. 15,000/-
33.For the issue of certificate not otherwise provided orShs. 15,000/-
34.For producing for inspection of the record of any case or any document in the custody of the courtShs. 20,000/-
35.On payment of money or deposit of anything into court as security on deposit or otherwise (except by way of deposit for witnesses) or assessors expenses or court fees or for the subsistence of judgement debtor or is made by an officer of the Court in the courses of the administration of a deceased's estate, 15 per centum of the amount paid into court or the value of the thing but so that the fee shall not be less than Shs. 100 nor more than Shs. 5,000/- 
36.On application for review of the judgementShs. 30,000/-
37.On application for reference or revision including the fees for filingan affidavit in supportShs. 30,000/-
38.On application for reference or revision including the fees for filing an affidavit in supportShs. 30,000/-
39.On lodging the appeal— 
(a)against the final decree where the decree is for a sum certain or for property and the amount awards or the value of the property— 
(i)does not exceed Shs. 2,000/-Shs. 20,000/-
(ii)exceeds Shs. 2,000/-for the first 2,000/-and for each subsequent Shs. 2,000/-or part thereof Shs. 50/-but so that the fees shall not exceed Shs. 40,000/- 
(iii)where the decree cannot be valued in terms of moneyShs. 20,000/-
Provided that where a fee is payable under paragraph (i) above the fee under this item shall be reduced to Shs. 4,000/=and aggregate fees shall not exceed Shs. 20,000/= 
(b)against any other orderShs. 20,000/=
40.On filing securityShs. 15,000/-
41.On application for leave to appeal out of time including anaffidavit in support and the order thereofShs. 20,000/-
42.On every application made to the Court of Appeal in its appellate or revisional jurisdiction, not otherwise provided for, including the fee for the affidavit in support and order thereonShs. 15,000/-
43.For the issue of a decree on appeal or an order in revisionShs. 15,000/-
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History of this document

23 December 2005 amendment not yet applied
31 July 2002 this version
Consolidation
01 October 1999
Commenced