Judicature and Application of Laws Act
- Commenced on 1 December 1920
- [This is the version of this document at 30 November 2019.]
- [Note: This Act 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
1. Short titleThis Act may be cited as the Judicature and Application of Laws Act.
Part II – Jurisdiction of the High Court and subordinate courts
2. Jurisdiction of High Court
3. High Court to have jurisdiction over proceedings relating to merchant shippingThe High Court shall be a Court of Admiralty and shall, subject to the provisions of any written law, have jurisdiction which is conferred upon it or which may hereafter be conferred upon it as such Court of Admiralty by any written law and, more particularly, shall have jurisdiction to make orders and to hear and determine claims, proceedings and other matters in respect of which jurisdiction is conferred upon a court by the Merchant Shipping Act.[Acts Nos. 31 of 1966 Sch.; 43 of 1967 3rd Sch.; Cap. 165]
4. Rules of procedureSubject to the provisions of any other written law, the Chief Justice may make rules for regulating the practice and procedure of the High Court and of all other courts established in Tanzania.
4A. Power to establish High Court divisions or registries
5. Powers of single judge of High CourtSubject to any written law to the contrary, a judge of the High Court may exercise all or any part of the jurisdiction of, and all or any powers and authorities conferred on, the High Court.
6. Jurisdiction of magistrates’ courtsSubject to the provisions of any written law and to the limits of its jurisdiction, a magistrates’ court shall exercise its jurisdiction in accordance with the laws with which the High Court is required by this Act to exercise its jurisdiction and with such other laws as shall be in force in Tanzania from time to time, and applicable to the proceedings before it, but no magistrates’ court shall exercise any jurisdiction or powers that are by any such law conferred exclusively on the High Court as such or on a court of record.[Acts Nos. 55 of 1963; 5 of 1963 6th Sch.]
7. Judges to have all powers of magistratesIn addition to any other powers, functions and jurisdiction conferred upon him, a judge of the High Court and a person appointed to act as a judge of the High Court shall have and may exercise all the powers and functions conferred by law upon any description of magistrate, may hold any description of a magistrates’ court and, when holding the same, shall have and may exercise the jurisdiction of a magistrate of that court.[Act No. 46 of 1964 s. 2]
8. Preferment of magistrates not to affect powers to complete proceedings
Part III – Application and recognition of laws
A: Application of Acts of the United Kingdom
9. Certain Acts of United Kingdom Parliament to applyThe provisions of the Acts of the Parliament of the United Kingdom described in the First Schedule hereto, as amended prior to the twenty-second day of July, 1920, shall apply to and have effect within Tanzania subject to the exceptions, adaptations and modifications set out therein.[Act Nos. 55 of 1963; 5 of 1971]
10. ***[Repealed by Act No. 31 of 1966, Sch.]
B: Application of customary law
11. Applicability of customary law
12. Declaration and modification of customary law
13. SavingAny appointment made by the Governor of Tanganyika under or for the purposes of any of the Acts set out in the First Schedule hereto, and still in force immediately prior to the date on which this Act comes into operation, shall continue in force until revoked by the President or other appropriate authority.
C: Application of Indian Acts
14. Indian Acts appliedThe Acts of the Governor-General of India in Council set out in the third column of the Second Schedule hereto (and hereinafter referred to as "the Indian Acts") and such amendment of or substitution for the same as was in force on 1st December, 1920 are, subject to the exceptions described in the fourth column of the said Schedule, hereby applied to Tanzania.
15. ModificationsIn the application of the Indian Acts, the following modifications shall be made, that is to say—
16. Power to adaptFor the purpose of facilitating the application of the Indian Acts, any court may construe any provision with such modification not affecting the substance as may be necessary or proper to adapt the same to the matter before it and it shall be lawful for the President by notice in the Gazette, to prescribe any such modification and to direct by what person or authority any jurisdiction, powers or duties incident to the operation of any of the said Acts shall be exercised or performed.
17. Future amending Acts not to applyNo Indian Act passed after the 1st December, 1920 amending or in substitution for any of the Indian Acts shall apply to Tanzania.
18. Abrogation of formalities prior to making rulesSo much of any Indian Act applied to Tanzania by this Act as requires the previous publication of a draft of proposed rules or by-laws, or requires a draft of proposed rules or by-laws to be referred to any board or authority, or provides that a power to make rules or by-laws shall be subject to the condition of the rules or by-laws being made after previous publication, or requires any rule or by-law to be notified to the persons affected thereby in any manner otherwise than publication in the Gazette, shall not be, and shall be deemed never to have been, in force in Tanzania.[Ord. No. 17 of 1922 s. 2]
19. ***[Repealed by Act No. 6 of 1967, s. 180(6)(a)]
20. ***[Repealed by Act No. 49 of 1966 by virtue of ss. 98-100 and by Act No. 10 of 1971 2nd Sch.]
21. ***[Repealed by Act No. 10 of 1971 2nd Sch.]
History of this document
30 November 2019 this version
01 December 1920