Law Reform (Fatal Accidents and Miscellaneous Provisions) Act
- Published in Tanzania Government Gazette
- Commenced on 13 May 1955
- [This is the version of this document at 30 November 2019.]
- [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
1. Short title and application
2. InterpretationIn this Act, unless the context otherwise requires-"damage" includes loss of life or personal injury;"dependant" means the wife or, where the marriage was a polygamous marriage, each of the wives, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, and includes an infant child whom the deceased had accepted as a member of his family and every other person who is, on the death of the deceased, entitled to succeed to his property (otherwise than under a will) in accordance with the law of succession applicable to the estate of the deceased; and a person shall be deemed to be the father or mother or son or daughter of the deceased notwithstanding that he or she was related to him illegitimately or in consequence of adoption according to law;"personal injury" includes any disease and any impairment of a person’s physical or mental condition and the expression "injured" shall be construed accordingly;"wrongful act" means any negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort.[Act No. 5 of 1971 Sch.]
Part II – Fatal accidents
3. Action maintainable when death caused by wrongful actIf the death of any person is caused by the wrongful act of any person and the wrongful act is such as would, if death had not ensued, have entitled the person injured thereby to maintain an action recover damages in respect thereof the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as would amount in law to a criminal offence.
4. Action to be for benefit of dependants
5. Payment into courtNotwithstanding the provisions of section 4, it shall be sufficient, when the defendant pays money into court, that he pays it as compensation in one sum to all persons entitled under section 4 to damages for his wrongful act, without specifying the shares into which it is to be divided by the court; and if the said sum is not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the court shall think the same sufficient, the defendant shall be entitled to judgment on that issue.
6. Plaintiff to deliver particularsIn every action brought under the provisions of this Part the plaintiff shall deliver to the defendant or his advocate, together with the plaint, full particulars of the person or persons for whom and on whose behalf such action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.
7. Exclusion of payment by insurers in assessment of damagesThe court in assessing damages in any action brought under the provisions of this Part shall not take into account any sum paid or payable on the death of the deceased under any contract of insurance or assurance.
8. Damages may be awarded in respect of funeral expensesDamages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.
Part III – Survival of causes of action
9. Effect of death on certain causes of action
Part IV – Joint tortfeasors
10. Proceedings against, and contribution between, joint and several tortfeasors
Part V – Contributory negligence
11. Appointment of liability in case of contributory negligence
12. Provisions as to workers and employers
Part VI – Abolition of the doctrine of common employment and miscellaneous provisions
13. Common employment
14. Criminal liability unaffectedNothing in this Act shall affect any criminal proceedings against any person in respect of any wrongful act.
15. AmendmentAmends R. L. Cap. 2.
16. Disapplication of United Kingdom Act and savingsFor the avoidance of doubt it is hereby declared that the Fatal Accidents Acts, 1846 to 1908, of the United Kingdom, shall no longer apply to Tanzania:Provided that, any right or liability accrued or incurred thereunder shall be deemed to have accrued or been incurred under Part II of this Act as if this Act had been in force on the date when such right or liability so accrued or was incurred and any remedy or legal process in respect thereof may be instituted, continued or enforced accordingly.[27 and 28 Vict., c. 958; Edw. 7, c. 7]
Part VII – Mandamus, prohibition and certiorari
17. Orders of mandamus, prohibition and certiorari substituted for writs
18. Attorney-general to be summoned as party
19. Rules of court
Part VIII – Application of Act
20. OmittedReproduced as s. 1(2).
History of this document
30 November 2019 this version
31 July 2002
ConsolidationRead this version
13 May 1955
|Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014
|Government Notice 324 of 2014