CIVIL PROCEDURE

FOR LAW STUDENT

Prepared by Aziz Iddi

STUDENT OF ZANZIBAR UNIVERSITY

INTRODUCTION TO CIVIL PROCEDURE

Meaning of Civil procedure:-

Is one among of the procedural law, or it can be defined to mean a body of law concerned with

methods, procedures and practices used in civil litigation.

Governing law in Civil Procedure in Tanzania

Civil procedure in Tanzania is governed by the Civil Procedure Code Cap 33 of the Laws of

Tanzania, shortly referred as C.P.C.

SOURCES OF CIVIL PROCEDURE IN TANZANIA

 United Republic of Tanzania Constitution [Cap 2 R.E 2002] specifically under

Article 107A.

 Statutes

Statutes are Acts of parliament which can either be principal legislation or subsidiary legislation.

Civil Procedure Code

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This Code applies to all proceeding of civil nature, in the High Court, Resident Magistrate Court

and District Court.1

Note: - This Code does not apply in Primary Court and Court of Appeal.

The Magistrates' Courts Act Cap 11 of the Laws of Tanzania as amended from time to time,

shortly referred to as M.C.A.

 Academic writings

 Received laws

These are the laws we received from our colonial masters especially from England which were

received in Tanzania (Tanganyika by then) through the Tanganyika Order in Council on 22 nd

July 1920. These laws apply in Tanzania through Section 2(3) of Judicature and Application of

Laws Act shortly referred as JALA.

 Judicial precedent

A judgment of a court of law cited as an authority for deciding a similar set of facts; a case

which serves as authority for the legal principle embodied in its decision. The common law has

developed by broadening down from precedent to precedent.2

A judicial precedent is a decision of the court used as a source for future decision making. This

is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and

binding and must be followed.3

HIERARCHY OF COURTS IN TANZANIA

Court of Appeal

The Court of Appeal of Tanzania, established under Article 117 of the Constitution, is the

highest Court in the hierarchy of judiciary in Tanzania. It consists of the Chief Justice and other

1
Refer Section 2 of the Civil Procedure Code [Cap 33 R.E 2002].
2
https://www.lawteacher.net/lecture-notes/judicial-precedent-1.php
3
Ibid.

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Justices of Appeal. The Court of Appeal of Tanzania is the court of final appeal at the apex of

the judiciary in Tanzania. All appeals from the High Court go to the Court of Appeal.

High Courts

The High Court of Tanzania was established under Article 108 of the Constitution and it has

unlimited original jurisdiction to entertain all types of cases. The High Court exercise original

jurisdiction on matters of a constitutional nature and have powers to entertain election petitions.

All appeals from subordinate courts go to the High Court of Tanzania.

Subordinate Courts

These include the Resident Magistrate Courts and the District Courts, which both enjoy

concurrent jurisdiction. These courts are established under the Magistrate Courts Act. The

District Courts, unlike the Resident Magistrates Courts, are found throughout all the districts in

Tanzania. They receive appeals from the Primary Courts.

Primary Courts

The primary courts are the lowest courts in the hierarchy and are established under the

Magistrates Courts Act. They deal with criminal cases and civil cases. Civil cases on property

and family law matters which apply customary law and Islamic law must be initiated at the level

of the Primary Court, where the Magistrates sit with assessors.

Tribunals

There are specialized tribunals, which form part of the judicial structure, they are known as

quasi-judicial bodies. These for example include District Land and Housing Tribunal, Tax

Tribunal and the Tax Appeals Tribunal, Labour Reconciliation Board, the Tanzania Industrial

Court, and Military Tribunals for the Armed forces. Military Courts do not try civilians. A party

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who feels dissatisfied with any decision of the Tribunals may refer the same to the High Court

for judicial review.

JURISDICTION OF CIVIL COURTS

Meaning of jurisdiction

Refers to the power and limit of the court to hear and determine certain matters.

Further the term jurisdiction can be defined to mean the extent to which, or the limits within

which a particular court can exercise its powers and what powers.4

Court's jurisdiction is restricted in three main ways: i.e. Geographical location of the Court,

Subject Matter, and Value of the subject matter.5

Note:- the question of jurisdiction is so fundamental to courts of law, that is to say before the

Court entertain any matter before it, it has to ask itself whether it has jurisdiction or not.

The effect of the decision made by the court in the matter which it has no jurisdiction to

entertain it is a (nullity) - null and void as if nothing was done, this position is well explained in

the case of Melisho Sindiko v Julius Kaaya.6

TYPES OF JURISDICTION

Territorial jurisdiction

Refers to a type of jurisdiction regarding geographical limits within which the court have in

exercising its powers. Refers the case of Mrisho Pazi v. Tatu Juma7 in which Said.J as he then

was had the following to say “The Primary Court had no jurisdiction to deal with the shamba at

Kibaha which lies outside the district in which the court is located”.

4
Refer Chapter Two of the Civil Procedure In Tanzania, A Student Manual by B.D.Chipeta.
5
http://www.jabashadrack.blogsopt.com/2010/05/brief-facts-about-courts-jurisdiction.html
6
(1977) L.R.T No.18.
7
(1968) H.C.D 119.

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Further you may read the provision of Section 3 & 4 of The Magistrates' Courts Act.

Pecuniary/Monetary jurisdiction

Is the jurisdiction governed by the value of money of the subject matter of the suit.

For example: - The Primary Court can only entertain matters which the value of the subject

matter does not exceed Fifty Million for Immovable property and thirty million for movable

property.

THE CURRENT PECUNIARY LIMITS OF COURTS OF LAW IN TANZANIA

ACCORDING TO THE WRITTEN LAWS (MISCELLANEOUS AMENDMENT) ACT,

NO.6 OF 2016.

COURT IMMOVABLE MOVABLE

PROPERTY PROPERTY
eg. Land eg. Cars
PRIMARY FIFTY THIRTY MILLION
COURT MILLION
DISTRICT THREE TWO-HUNDRED
COURT AND HUNDRED MILLION-200
RESIDENT MILLION-300 MILLION
MAGISTRAT MILLION
E COURT
Note:-

High court has unlimited pecuniary limits.

Original jurisdiction

Refer to the power of the court to certain matters for the first instance.eg the E.g. the H.C in

murder cases and constitutional petitions.

Concurrent jurisdiction

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Means more than one Court has jurisdiction over the matter. Eg. Section 18(1)(a) (i) of the

M.C.A gives power to primary court to hear matters arising out of Islamic law or customary law

and the same power is vested to the High Court.

Extended jurisdiction

Is the Power given to a resident magistrate to hear matters that would otherwise fall in the

original jurisdiction of the High Court. This type of jurisdiction is vested to the Resident

magistrate; refer Section 45(1), (2) of the M.C.A.

OTHER TERMS USED IN JURISDICTION OF COURTS

Presumption to jurisdiction:- No court is allowed to presume jurisdiction, that is to mean any

court which exercise jurisdiction over any matter which it has no jurisdiction the decision made

thereto shall be null and void.

Objection to jurisdiction: - Any objection to jurisdiction should be raised in the earliest

possible opportunity…refer Section 19 of the Civil Procedure Code.

Ouster clauses & Ouster of jurisdiction: - Ouster clauses refers to clauses which excludes the

power of the court to hear and entertain certain matters, that is to say the jurisdiction of the court

is restricted. For example Article 74(12) of the URT Constitution which oust the jurisdiction of

courts from inquiring into discharge of the functions of the electoral commission in accordance

with the provisions of this Constitution. Also Article 41(7).

Res-Judicata

2. Res-subjudice

Res-judicata: - meaning the matter already decided, this principle bars the court as well as the

parties not to dispute over the same issue again. Meaning once the court of competent

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jurisdiction has given a decision on a particular case, no court, parties are allowed to dispute

over the same decided matter.

Rationals (logical) of res judicata:-

Interest Reipublicae Ut Sit Finis Litium - in the interest of society or public as a whole,

litigation or suit must come to an end.

nemo debet bis becali si consta curiae quod sit - A person should not suit twice or prosecuted

twice up on one and same settle fact if there is final decision in the another court.

Res judicata pro veritate accipitur - A thing adjudged must be taken for truth or a judicial

decision must be accepted correct. The appeal party must appeal vertical and not horizontal

(same jurisdiction).

INGREDIENTS OF RES JUDICATA

Same parties - A party is a person who is involved in a case and a person can be involved in a

case either by alleging something against another person or they can be involved because the

allegation is against them. Where an allegation is made against you, you become a party. Same

parties litigating on same matters (Qui facit per alium facit per se)"He who acts through another

does the act himself."

Same title/same subject matter - The parties must prove that the matters were the same as

in the former suit so that the plea can continue. Same title does not necessary mean that it is

the same subject matter. For Res judicata to succeed the same parties must have litigated under

the same title in the former suit and in the subsequent suit.

Competent court - there has to be a competent court. the former ought to be heard by a court of

competent jurisdiction. This means that we must know that the court that we are finding our

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right is having jurisdiction, the question must determine that whether the decision maker

(person) has jurisdiction.

Heard & finally decided - The decision have been on merit (final decision) so that raise res

judicata. The matters directly and substantially in issue in the two suits must have been heard

and finally decided by the former court.

Judgement by consent;-

If judgement ends by consent the judgement will be on merit and it operate Res judicata. If a

matter had experte it will be deemed to have been had and finally decided on merit and sufficient

for res judicata.

LAW GOVERNING THE DOCTRINE OF RES-JUDICATA

The doctrine is provided and governed by the Civil Procedure Code under Section 9 of the Code.

CASE LAW

Karshe v. Uganda Transport Co Ltd 8 Sir Udo Udoma, C.J., had the following to say ….among

other things…. ‘‘In general terms, the impression I form from these cases seems to me to be this:

that once a decision has been given by a court of competent jurisdiction between two persons

over the same subject matter, neither of the parties would be allowed to relitigate the issues

again or to deny that the decision had infact been given, subject to certain conditions.

DOCTRINE OF RES-SUBJUDICE

This doctrine is sometimes referred as “Stay of Suit”.

That is to say this doctrine precludes/ denies parties from opening another suit whenever there is

a pending suit in any competent court over the same parties, same matter.

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The only difference between res-subjudice and res-judicata is that in res-subjudice the matter is

pending in a competent court and one of the parties open the same matter in another competent

court, so the matter has to be stayed till the other is finally decided. While under Res-judicata the

matter has already or finally been decided by a competent court and the party wants to re-open

the same matter.

SUB JUDICE,

In law, sub judice, Latin for "matter under judgment", means that a particular case or matter is

under trial or being considered by a judge or court. The term may be used synonymously with

"the present case" or "the case at bar" by some lawyers.

Stay Of Suit

S. 8. No court shall proceed with the trial of any suit in which the matter in issue is also directly

and substantially in issue in a previously instituted suit between the same parties, or between

parties under whom they or any of them claim litigating under the same title where such suit is

pending in the same or any other court in Tanzania having jurisdiction to grant the relief

claimed.

Explanation:The pendency of a suit in a foreign court does not preclude the courts in Tanzania

from trying a suit founded on the same cause of action

Place to sue

Introduction:

The suits are filed after looking for geographic division of courts, and to find out an appropriate

court of lowest grade in the area, where either the subject matter situates or the cause of action

occurred.

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To find out where to file a suit for recovery of civil rights that has been violated by the

defendant, the following steps are to understood and persuaded:

1. Look at the area of (territorial limits) civil court,

2. Look at the area (territory) where the cause of action occurred.

3. Look at the nature of subject matter { movable, immovable, contractual, family etc)

4. Look at the valuation of subject matter.

5. Look for specified court fee

Relevant Provisions of Civil Procedure:

Sections, 13,14,15,16,17,18,19 and 20.

A) In substantive Part of CPC:

the statutes made it very clear that where to file a suit, or in which court one has to file a suit of

civil nature, Part 1 of Civil Procedure Code 1908 , deals with the issue under discussion , with

following important areas of filing a suit : 2

a) Could in which suit has to be institution :

Section 13 provides that every suit shall be instituted in the Court of lowest grade competent to

try it, {Trial Court} In case if a suit is instituted in a Court of Higher Grade such court may

return the plaint. It is only discretionary on the part of higher court either to try the suit or to

return the plaint for presentation in the court of lowest grade.

Section 13 is enacted to merely avoid overcrowding in the higher Court but also for the

convenience of the parties and witnesses who may be examined.

As a matter of interpretation: it will be seen that forum can be chosen by the parties on their

options and all objections regarding choosing the forum is to be determined at the first instance

at preliminary stage of a civil trial.

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EXPLANATION:

The trial courts starts from level of District Court and then it is extended to the lowest grade i.e.

the civil courts of class-1 , class-2 or class-3, however Section 13 is clearly stating that every suit

of civil nature must have to be instituted in a court of lowest grade , but if it is filled in the higher

grade court i.e. the District Court presided over by a District Judge, then this matter has to be

decided by the parties as raising objection and be heard by the Court, final decision has to be

made by the District Judge whether the matter has to be tried by him or has to be sent to lowest

court of first instance having an original jurisdiction to deal with that specific matter.

b) Suits to be instituted where subject Matter situate :

This very section deals with when a subject matter is immovable, and a dispute arise in

relevancy to such property, then U/S14 a suit has to be instituted where such immovable

property is situated.

Section 14 gives account of institution of suit in in relevancy of immovable property in

following conditions.

1. For recovery of immovable property with or without rent or profits.

2. For the partition of immovable property,

3. For foreclosure , sale or redemption in the case of a mortgage or charge upon immovable

property,

4. For determination of any other right or interest in immovable property.

5. For compensation of wrong to immovable property.

6. For the recovery of moveable property actually under distraint or attachment.

for all of the above , a suit must have to be instituted in a court in whose jurisdiction such

property is situated.

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Application: Section 14 of the Code regulates the institution of suits regarding immovable

property. It lays down that the suit shall be instituted in the Court within the local limits of

whose jurisdiction the property situate. This provision of Civil procedure recognizes a well-

established principle that action against res or property should be brought in the forum where

such res is situate. A could within whose territorial jurisdiction the property is not situate has no

power to deal with and decide the rights or interest in such property.

Immovable Property: Under Section S.3(26) of the General Clauses Act, “ immovable Property”

includes:

a) Land

b) Benefits to arise out of the land

c) Things attached to the earth, or permanently fastened to anything attached to the earth.

Case law: Land is a sum of total land plus beneifts arising out of the land plus all things attached

to or be acquired as a whole and not piecemeal.

d) Place of Institution of suit where local limits of jurisdiction of Courts are uncertain:

If the disputed property is for Immovable Property situate within Jurisdiction of different

courts:

Section 15 applies only to those cases in which there is on and the same cause of action in

respect immovable property situate within the jurisdiction of different courts. In such a case , a

suit in any court within the local limits of whose jurisdiction any portion disputed

situated in area and there is uncertainty about determining jurisdiction of the court. The plaint

could be filed in any court grounded on uncertainty of jurisdiction, the court at first instance has

satisfy itself with such an uncertainty and after recoding the reasons , may proceed with the case.

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e) Suits for Compensation of wrongs to person or movable property

Case Law:

Provisions of S. 17 CPC. Has provided that in suit for compensation of wrong done to

plaintiff or to his movable property, within jurisdiction of one Court and the defendant resided

or carried on business or personally worked for gain within local limits of jurisdiction of another

Court, suit can be instituted at the option of the plaintiff in either of the said Courts. Said Option

of the plaintiff does not arise in the case if cause of action arose to plaintiff wholly or in part at

MR and defendant was also residing at MR. By transferring case from Court at MD to Court at

MR. High Court had not committed any illegality. [

f) Other suits to be instituted where defendants reside or cause of action rises:

S.18 provides that when there is a commercial transaction or a breach of contract in such case

the plaint can be instituted at the option of plaintiff as either to file the plaint at the court within

whose jurisdiction the breach of contract has committed or the Court in whose jurisdiction the

defendant resides or carries on business.

This section further explains that the case can even be logged against an authorized agent doing

business on behalf of the defendant in the territory or area in which the matter took place. 5

g) Objection to the Jurisdiction:

Any objection as to the Jurisdiction of the Court must have to be raised by the party, at

preliminary phase of the trial before framing of issues, if issues once settled and trail phase

started any such objection would have less weightage and would give tough time to the litigant

having an intention get a relief from court inform of rejection or dismissal of the suit grounded

on wont of jurisdiction.

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Further the provision illustrates that such objection must have to be taken at Trial court, any such

objection if once omitted and raised at appellate stage is of no value and shall not be considered.

h) Power to Transfer Suits which may be instituted in more than one Court:

Proviso of Section.20 empowers A higher Court to transfer a case , which may be instituted in

any one of several courts at the option of the plaint as dominus litis, however the defendant may

be apply for transfer of suit form any such court to another court but it will require more

substantial grounds that means reliable reasoning fulfilling the prima facie instance of the

defendant and a balance of convenience has to be established in this way.

TRANSFER OF CASES

Refers to the process of moving/ shifting the case from one court to another. Transfer

of cases under Civil procedure is of two kinds:-

 Transfer of cases under Civil Procedure Code…Section 20 of the Code.

 Transfer of cases under The Magistrates' Courts Act (M.C.A)

Section 47(1) of M.C.A covers transfer of cases under M.C.A

Transfer of cases under Section 47 of M.C.A relates to transfer of cases from Primary Court to

another primary court, Primary court to District Court, Primary Court to High Court.

THE ONLY CONDITION IS THAT:-

The suit has to be transferred at any stage of the proceeding before judgment.

Further Read the Provision of Section 47(1) (a), (b), (c).

47. Transfer from primary courts

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(1) Where any proceeding has been instituted in a primary court, it shall be lawful, at any time

before judgment, for–

(a) the primary court, with the consent of the district court or a court of a resident magistrate

having jurisdiction, to transfer the proceeding to such district court or court of a resident

magistrate or to some other primary court;

(b) the district court or a court of a resident magistrate within any part of the local jurisdiction of

which the primary court is established, to order the transfer of the proceedings to itself or to

another magistrates' court; or

(c) the High Court to order the transfer of the proceeding to itself or to a magistrates' court,\ in

any case where–

(i) it appears that the circumstances or gravity of the proceeding make it desirable that the same

should be transferred;

(ii) there is reasonable cause to believe that there would be a failure of justice were the

proceeding to be heard in the primary court;

(iii) the subject matter of the proceeding arose outside the local limits of the primary court's

jurisdiction or is not within its jurisdiction, or in any case in which the law applicable is a

customary law which is not a customary law prevailing within such first-mentioned primary

court's local jurisdiction; or

(iv) the proceeding seeks to establish or enforce a right or remedy under customary law or

Islamic law, or is an an application for the appointment of an administrator of the estate of a

deceased person, and the court is satisfied that the law applicable is neither customary law nor

Islamic law or that the question whether or not customary law or

Islamic law is applicable cannot be determined without hearing or determining the proceedings,

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and the court shall record its reasons for making or ordering such transfer: Provided that nothing

in this subsection shall authorise–

(a) the transfer by a magistrates' court of any proceeding which is required by law to be

commenced in a primary court except to another primary court; or

(b) the transfer of any proceeding to a court which, however constituted, has no jurisdiction

in respect of the subject matter thereof.

(2) A primary court–

(a) shall transfer to the district court of the district for which it is established any proceedings of

a criminal nature if the accused person appears to be of unsound mind;

(b) if the accused person so elects, shall transfer to the district court of the district for which it is

est

Whenever the court is making or ordering the transfer of case under M.C.A it has to record the

reasons for the transfer.

GROUNDS / CIRCUMSTANCES FOR THE TRANSFER OF CASE FROM PRIMARY

COURT

1. Gravity of the proceeding.

2. If the subject matter of proceeding has arose outside the jurisdiction of the primary court.

3. If there is reasonable ground to believe there will be failure of justice.

4. If the court is satisfied that the law applicable is neither customary law nor Islamic law to such

a particular suit.

TRANSFER OF CASES UNDER CIVIL PROCEDURE CODE

Transfer of cases under Civil Procedure Code [Cap 33 R.E 2002] is governed by Section 20 of

the Code. This Section provides that where a suit may be instituted in any one of two or more

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District Courts within the area of the jurisdiction of the Resident Magistrate Court. This Section

allows transfer of cases from District Court to Resident Magistrate Court.

For example: - Mary lives in Lushoto and she instituted a suit at the District Court of Lushoto,

she may make an application for the transfer of her suit to Resident Magistrate Court at

Tanga...Because the District Court of Lushoto is within the jurisdiction of the Resident

Magistrate Court of Tanga.

CONDITIONS FOR THE TRANFER OF CASES UNDER SECTION 20 OF THE CODE

I. The transfer has to be made before evidence is given.

II. Both parties must consent (agree) that the case has to be transferred.

III. The court where the suit has been instituted (District Court) must record the fact of the

consent and transmit the record to the resident magistrate.

Note: This transfer is of two kinds

i. Application by the parties themselves: - parties make an application for the suit to be

transferred to resident magistrate court by way of chamber summons supported by an affidavit.

ii. Resident magistrate on his own motion (Suo motto)…transfer the suit to himself.

NOTE: the transfer under this Section can only be made before evidence has be taken

PARTIES TO SUIT

Parties to suit are of two kinds namely necessary party and proper party. A necessary party is a

party without whom suit cannot be decided. A proper party is a party in whose absence suit will

not be defeated.Hence non-joinder of necessary party is fatal to the suit and non-joinder of

proper party is not fatal to the suit.Also, proper party is a party against whom any

relief has not been sought.[O.I R.9].It has been time and again reiterated by Supreme Court and

High Courts that the question of necessary party and

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proper party has to be looked with utmost due diligence with an object to avoid multiplicity of

preceedings.

O.I of the Code deals with parties to suit and the said Order in brief is as

follows:-

a) Joinder of plaintiff
According to Order 1 Rule 1 of Civil Procedure Code Cap 33
"All persons may join in one suit as plaintiffs if the following conditions are satisfied:-
i - In whom any right to relief in respect of or arising out of the same act or transaction or series
of acts or transactions is alleged to exist.
ii - Where if such persons brought separate suits, any common question of law or fact would
arise."

O.I R.1:- Considers who may be joined as plaintiffs. All those persons having right either

jointly or severally to seek relief arising from same acts or transactions and if such persons

brings sperate suits if any common question of law or fact arises all such persons can be joined

as plaintiffs .

O.I.R.2:-Considers power of Court to order seperate trails and accordingly in order to

avoid embarassment or delay in trail of suit due to joinder of a plaintiffs Court can ask plaintiff

to elect for separate trails or Court itself can pass necessary orders for separate trails to expediate

matter.[Rule 3A deals with defendants]

b) Joinder of defendant
According to Order 1 Rule 3 of Civil Procedure Code Cap 33
"All persons may be joined as defendants if the following conditions are satisfied:-
i - In whom any right to relief in respect of or arising out of the same act or transaction or series
of acts or transactions is alleged to exist.

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ii - Where if separate suits were brought against such persons, any common question of law or

fact would arise

*Non Joinder And Mis Joinder.

a) Non joinder - A failure to include a necessary party to a suit at law. OR The omission of
some one of the persons who ought to have been made a plaintiff or defendant along with others
is called a non joinder.
b) Mis joinder - Refers to a wrongful joinder. OR The inclusion of parties (plaintiffs or
defendants) or causes of action (legal claims) in a single lawsuit contrary to statute.
Reasons for a court ruling that there is mis joinder include:-
i) the parties do not have the same rights to a judgment;
ii) they have conflicting interests;
iii) the situations in each claim (cause of action) are different or contradictory; or
iv) the defendants are not involved (even slightly) in the same transaction.

SUMMONS

A summons is a request or order for someone to show up, especially for legal matters. OR
Information to a defendant that a suit has been filed against him and that he should appear to
defend it.
Order V, Rule 1
Summons
1. When a suit has been duly instituted, a summons may be issued to the defendant at the time
when the suit is assigned to a specific judge.
HOW DO WE SERVE SUMMONS??
Order V, Rule 10
Mode of service
10. Service of summons shall be made within twenty-one days after it has been received by
delivering or tendering a copy thereof signed by the judge or magistrate.
Order V, Rule 11

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Service on several defendants
11. where there are more defendants than one, service of the summons shall be made on each
defendant.

Order V, Rule 12
Service to be on defendant in person
12. service shall be made on the defendant in person, unless he has an agent empowered to
accept service.

Order V, Rule 13
Service on agent by whom defendant carries on business
13.- In a suit relating to any business or work against a person who does not reside within the
local limits of the jurisdiction of the court from which the summons is issued, service on any
manager or agent who, at the time of service personally carries on such business or work for
such person within such limits. E.g:- master of a ship shall be deemed to be the agent of the
owner or charterer.

Order V, Rule 14
Service on agent in charge in suits for immovable property
14. Where in a suit to obtain relief respecting, or compensation for wrong to, immovable
property, service cannot be made on the defendant in person, and the defendant has no agent
empowered to accept the service, it may be made on any agent of the defendant in charge of the
property

Order V, Rule 15
Where service may be made on any adult member of defendant's family
15. Service may be made on any adult member of the family who is of sound mind, whether
male or female, where defendant is absent from his residence at the time when the service of the
summons is sought to be effected on him
N:B:- A servant is not a member of the family within the meaning of this rule.

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SUMMARY PROCEDURE

▪ Introduction

▪ Summary procedure has not been defined under the Civil Procedure Code, however according

to Black’s Law Dictionary1 summary procedure is a method or proceeding that settles

controversy or disposes of a case in a relatively prompt and simple manner.

▪ Provisions regarding summary procedures in Tanzania are contained under Order XXXV of

the Civil Procedure Code which gives an option to a plaintiff whose claim is liquidated in nature

to commence a suit by way of specially endorsed plaint as opposed to other modes of procedure

however as per Order XXXV Rule 7 of the Civil Procedure Code the procedures in summary

suits are the same as the procedures in suits instituted in ordinary manner.

▪ It should therefore be noted from the onset that summary procedure is a very unique mode of

commencing a suit and that it is only applicable in special circumstances.

▪ Generally suits of this nature are provided under Order XXXV of the Civil Procedure Code ,

which among other things provides a list of suits to be particularly instituted under this order,

they includes Suits upon bills of exchanges, hundies or promissory notes, any suit filed by the

plaintiff for recovery of a debt or money payable by the defendant according to a written

contract, or in case of an enactment wherein the amount to be recovered is a fixed amount of

money , or a debt other than a penalty, or

a guarantee, and where the claim against the principal is in respect of a debt or for money only2.

▪ NB: Suits not falling within the above categories cannot be instituted under the Summary

Procedure Order. This was emphasized in the case of Bundai Coffee Hulling Factory Ltd v.

Erima M. Bambumba3. In this case the Plaintiff filed a plaint claiming vacant possession of

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certain premises and mesne profits from December 1, 1962 until possession. The application was

made under order XXXIII of

17th Ed, p. 1222

2Order XXXV Rule 1 (a)-(g)

3[1963] E.A 613

Uganda which Counsel argues it is on all fours with our order 35 Civil Procedure

Code.

▪ On an application for summary procedure under the said order the court held firstly that under

Order XXXIII Rule 2 only debts or liquated amounts arising out of an action for the recovery of

land are recoverable and permissible under that order and not possession of land. Secondly that

since the amount claimed in respect of mesne profits was unliquidated summary procedure was

not applicable and the plaint should be struck out. Further reliance was placed on the holding in

the case of UGANDA

TRANSPORT CO.LTD VERSUS COUNT DELA PASTURE [1954] 21 E.A.CA. 163 where

the court struck out a plaint improperly brought under order 33 dealing

with summary procedure.

▪ Rationale for summary procedure

▪ As it was held in the case of Zola & Another v Ralli Brothers Ltd. & Another, 1969] EA

691 a Order 35 is intended to enable a plaintiff with a liquidated claim, to which there is clearly

no good defense to obtain a quick and summary judgment without being unnecessarily kept from

what is due to him by the delaying tactics of the defendant”.

22
▪ Similarly, the purpose of summary suits was considered under the UK Order 14 of the UK

which is the equivalent of the Tanzania Order 35 of the Civil Procedure Code by Parker L.J in

Home and Overseas Insurance Co Ltd vs. Mentor Insurance Co (UK) Ltd (In Liquidation)

[1989] 3 All ER 74 he held that a summary suit was meant: “to enable a Plaintiff to obtain a

quick judgment where there is plainly no defence to the claim. If

the Defendant’s only suggested defence is a point of law and the court can see at once that the

point is misconceived the Plaintiff is entitled to judgment. If at first sight the point appears to be

arguable but with a relatively short argument can be shown to be plainly unsustainable the

Plaintiff is also entitled to judgment. But Order 14 proceedings should not in my view be

allowed to become a means for obtaining, in effect, an immediate trial of an action, which will

be the case if the court lends itself to determining on Order 14 applications points of law which

may take hours or even days and the citation of many authorities before the court is in a position

to arrive at a final decision.” (Emphasis added).

▪ In the upshot, the object underlying the summary procedure is to prevent unreasonable

obstruction by the defendant who has no defence and to assist expeditious disposal of cases.

Here the Defendant is not allowed to defend the suit, unless he takes the permission from court.

The court can allow the defendant to defend himself only if according to the affidavit filed by

him; it is must for the plaintiff to prove charges against him. However suits that fall within this

category may be preceded with either by the ordinary procedure or under summary procedure

but suits which does not fall under this order cannot be instituted under summary procedure.

Institution of summary suits

23
▪ In order to institute a suit under summary procedure, the nature of suit must be among the

classes identified above and such suit is instituted by way of presenting a plaint in the usual

form.

Contents of plaint for summary procedure

▪ Apart from facts about the cause of action, the plaint must contain a specific affirmation that

the suit is filed under the respective order. It should also contain that no such relief has been

claimed which does not fall under the ambit of rule XXXV of the CPC. In the title of the suit,

following inscription must be there under the number of the suit:- (“ORDER XXXV:

SUMMARY PROCEDURE”)

What is the judgment?

Judgment may be defined as the reasoned account and analysis of the evidence, findings of the

fact thereon, and the explosion of the principles of law applicable to such facts and decision as to

the rights and liabilities of the parties to a suit.9

Or

Judgment is a written legal document which resolves the issue in a suit and finally determines

the rights and liabilities of the parties in the suit. 10 Under section 3 of the civil procedure code

defines judgment as the statement given by the judge or magistrate of the grounds of a decree or

order.

Decree is the part of the judgment formulates the decision the judge has made. It informs the

parties exactly about what the court orders them to do and how the decision shall be executed.

The given order must be enforceable; this means it has to be very precise, naming exactly the

9
B.D Chipeta (2002),Civil Procedure in Tanzania, Dar es salaam University Press.
10
B.D Chipeta ,A Magistrate Manual,T.M.P book department, Tabora.

24
parties, their duties, the deadlines, the amounts of money, the interest rates to be paid, etc. It

must be clear for the executing court or the enforcement agents without any further discussion

what obligations the parties have to fulfill according to the decision. Any vague formulation of

an execution order could cause the parties to start a new dispute about the execution and the

contents of the decision. This should be

“It is ordered and decreed that the defendant do pay the plaintiff the sum of Rs...

with interest thereon @ ... per annum from ... to the realization of the said sum

and do also pay costs of the suit

and not like this

"the plaintiff is allowed to recover an amount of ... with interest @ ... from…day to the date of

realisation with costs

A judgment therefore has a significant social and civic function, now the purpose for judgment

is the following;-

a) To determine the guilty or innocence of accused

After hearing facts, evidences, law, arguments, the court of law will be in a position to

pronounce the conviction or acquittal .Judgment speaks on the status whether the accused

is guilty or innocence.

b) To determine rights and liabilities of the parties

Determination of rights and liabilities is the core business of every court that at last the

parties to a dispute expect that the court will determine the fate basing on fairness and

law such determination is extracted from decree.

c) To serve as precedents

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 Basically common law doctrine of precedent depends much on honest, reasoned and well

written judgment. The future case with similar nature would rely on the jurisprudence

advanced in the well-reasoned and founded judgments.

d) To develop the legal jurisprudence

When a court has heard all the evidence and arguments from both parties will be in a

good position to establish some new principles which may impact on the existing

jurisprudence at a time. Reasoned judgment is vital to enhancing the development of

several areas of law for example Donoghue Vs Stevenson (1932) was the case of sine

quanon under the law of negligence.

e) To provide accountability and ethics to judicial officers

The court of law is said to be temple of justice and true custodian of individuals rights,

through judgments judges are measured by the public on their decision and public

trust ,confidence towards the courts is manifested from just and fair judgments. Due to

this, a judicial officer including magistrates and judges becomes accountable and ethical

since there is an independent eye to check on the credibility and efficiency of their work.

In some jurisdiction such that of Guyana, failure for a judge to write and delivery

judgment renders the ground for removal from office.11

f) To communicate reasons to the parties

The parties and their lawyers, if they have them, need to know how and why a decision

has been reached. It is particularly important that the losing party knows why he or she

has lost the case. It is natural for someone who loses to feel disenchanted with the legal

process so it is important that the reasons for judgment show that the losing party has

been listened to, that the evidence has been understood, the submissions comprehended
11
Article 197(3) of Guyana constitution

26
 and a decision reached. This is particularly important in the case of an unrepresented

litigant

g) To inform the general public on the matter in question, we communicate to the public

through the judgments that we write. In order to communicate, a judgment must be clear,

precise, and say everything that needs to be said as to why a decision was reached and no

more. And should not be filled with legal technicalities

h) To provide reason for an appeal court to consider

Once you have been writing judgments for a while you come to welcome the

clarification or expansion of the law by an appeal court or the identification of errors that

you have made so that you don’t repeat those errors. It takes an immense burden from a

judicial officer to know that if you get it wrong it can be corrected on appeal.

However, the said purpose for writing judgment depends much on adherence of the

Independence, impartiality, fairness and competence. Failure to do so, spirit of justice will be

dying behind the closed door.

Skills of judgment writing.

Writing judgment is an art. Therefore, it is agreed that there is no fast and hard rule on how

judgment should be written but the laws such as criminal procedure Act and civil procedure code

provides some elements which need not to be forsaken in every course of writing judgment

which we shall see later, now let us see some skills for judgment writing.

Structure:

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Judgment must at least comprise part of the Facts, evidence, arguments, law, applications of law

and conclusion.

Facts –it is the very important and early stage in judgment writing since from the facts is where

judge is capable to resolve and determine matters in dispute and those not in dispute. It is

important for the decision maker to resolve each of the facts in issue. There must be a summary

of the case as presented by the parties , collects the facts from both sides in a fair trial. In a civil

case, parties describe the facts in their pleadings and in criminal cases through submissions. The

narration of the facts in the judgment need not be boring but interesting and simple. Judgment

need not spell out all the facts contained in the pleading: material facts alone need be stated.

Facts must be narrated in a chronological order. A careful analysis of the pleadings will reveal

what facts are not in dispute and what facts have to be determined.

Evidence- a good judgment is founded on evidence tendered before the court of law from both

sides of the case. And that is the spirit of fair hearing, basing on evidence renders fair and just

judgments to all parties.

Arguments- a good judgment is that which contains arguments from counsels of both parties in

respect to the matter in question. From arguments of parties and evidence is where judge or

magistrate can form an opinion in arriving decision.

Law and its application- It is important to the resolution of any legal dispute that we set out the

relevant statute and case law. We set it out because in clarifying for correct decision we have to

know what the law is and to be able to state it clearly and persuasively. The facts in hand must

be tested in the ambit of Law and give a result. Apply the law to the facts, hence the parties and

the public will accept the decision much more willingly if they can see that the decision is the

result of the objective application of law to the facts that have been found.

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Conclusion-At the end you set the decision which must be accompanied by the reasons thereto.

There are a number of basic rules of good writing which is as much an element of the skill of

judgment writing

 Avoid the use of clichés. I always think a good way to remember this one is to say to

yourself to bite the bullet and avoid trite clichés like the plague

 Be precise and to the point

 Use the active voice rather than the passive. The active is usually more direct and

vigorous than the passive: “I shall always remember my first day as a Magistrate”. This

is much better than “My first day as a Magistrate will always be remembered by me”.

The latter sentence is less direct, less bold and less concise. If the writer tries to make it

more concise by omitting “by me”, “My first day as a Magistrate will always be

remembered”, it becomes indefinite: is it the writer or some undisclosed person or the

world at large who will always remember your first day as a Magistrate? This rule, like

all others, is not an invariable rule of practice but whenever you use the passive you

should consider the use of the active voice instead

 Try not to use language that excludes

 Avoid obvious errors. Judgments are usually expressed in formal written rather than

colloquial oral language.11 It is as well to avoid obvious grammatical errors than will

make others think less of your work. A number of frequent errors can be seen in the

following rather amusing list:

1. Subjects and verb always has to agree.

2. Make each pronoun agree with their antecedent.

3. Just between you and I. case is important too.

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 4. Being bad grammar, the writer will not use dangling participles.

5. Join clauses good, like a conjunction should.

6. Don’t write run-on sentences they are hard to read, you should punctuate.

7. Don’t use no double negatives not never.

8. Mixed metaphors are a pain in the neck and ought to be thrown out the window.

9. A truly good writer is always especially careful to practically eliminate the too frequent use

of many adverbs.

10. Do not use a foreign term when there is an adequate English quid pro quo.

 Try to be interesting That the flow of judgment must be capable of being interested with

public or any reader ,that it should not be boaring

Judgment writing is a skill that can be learned, practiced, improved and refined. A well

structured Judgment enhances clarity and conciseness and helps ensure the reasoning process in

complete. Simple, brief and clear is the best judgment and must contain everything that needs to

be said as to why a decision was reached and nothing more. The Practice of writing lengthy

judgment is not appreciated.

CONTENTS OF JUDGEMENT

It is trite law that judgment must contain a concise statement of the case, point(s) of

determination, decision and reasons for decision.12Also under provision of section 312 of

criminal procedure Act 1985 the same requirements for judgment are shown. However,

judgment must be written by, language of the court, signed and dated. Date must be that on

which judgment is pronounced in an open court. As it has been explained earlier there is no rule

12
Order 20 rule 4 of Civil procedure code

30
of thumb as to the exact form a judgment should follow, different people use different styles. All

that is needed is compliance with the decision in Kasusura vs Kabuye13.

Concise statement of the case:

Point(s) for determination: judge must develop essentials points from the facts and evidences

given which his decision shall rely upon. From this point is where judgment is drawn.

The decision: in Rashid Nkungu Vs Ally Mohamed14 that as no evidence was adduced there was

no basis for the summing up to the assessors and the judgment that followed. Judgment must

bear decision which is emanated from adduced evidence.

Reason(s) for decision: The judge must give reasons for his decision, for by so doing he gives

proof that he has heard and considered the evidence and arguments that have been produced

before him on each side.15 And also that he has not taken extraneous considerations into account.

The supreme requirement of a good judgment is reason. Judgment is of value on the strength of

its reasons. The weight of a judgment, its binding character or its persuasive character depends

on the presentation and articulation of reasons. Reason, therefore, is the soul and spirit of a good

judgment. Reasoned decisions are not only vital for the purpose of showing the citizen that he is

receiving justice but they are also a valuable discipline for the tribunal itself. A statement of

reasons is one of the essentials of justice.16

Firstly, the requirement of a reasoned opinion provides considerable assurance that the decision

will be better as a result of its being properly thought out. Secondly, reasons will enable a person

who has a right of appeal to determine whether he has good grounds for an appeal and will

13
(1982) TLR 338
14
(1982) TLR 46
15
Tanzania Air Service Ltd Vs Minister for Labour, Attorney General, and Commissioner for Labour (1996 ) TLR 217
16
Prof,Wade (et al), (2005) ,Administrative Law,9th ed, oxford university press

31
inform him of the case he will have to meet if he does decide to appeal. Thirdly reasons will

make a tribunal more amenable to the supervisory jurisdiction of the courts and will ensure that

a tribunal is acting within its powers. That is to say, reasons will inform a person why a decision

has been made and will make manifest any errors of law. Fourthly, reasoned opinions will

encourage public confidence in the administration of justice and prevent some arbitrary action.

Burden of proof

In preparing a judgment, one of the important aspects to note in judgment writing is the Burden

of Proof. In civil cases, the standard of proof is on a balance of probabilities or on a

preponderance of probabilities, and the burden of proof on any issue is on the party who asserts

a fact on such issue. In criminal case, the standard of proof is beyond a reasonable doubt.

Pronouncement of judgment

A judgment must be pronounced in open court. Open court means a place to which the public

has free and unhindered access to listen to the court proceedings, and it is usually a court

room.17It is the requirements that springs from the principle of justice must be done and seen to

have been done. However, the court has discretionary powers to try in contrary depending on

interest of justice, intimidation of witness, and interest of national security.

Pronouncement of judgment by succeeding magistrate when it happens that by reasons of death,

transfer or any other sufficient cause a judge or magistrate fails to exercise jurisdiction in a

particular place before pronouncing judgment which he has prepared .In such event the

succeeding judge or magistrate may pronounce judgment which has been written and not

pronounced by his predecessor.18

17
ibid
18
Order 20 rule 2 of civil procedure code of 1966

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In arriving to this end, refer back the Lord Denning remarks on the Judgment, TRY TO MAKE

YOUR JUDGEMENT LIVE.

Thanks

Framing of the issues is done in the presence of the parties and at the first hearing.

There are three Types of Issues.

1. Issues of fact.

2. Issues of law.

3. Issues of mixed fact and law.

WHAT ARE ISSUES?

There are several definitions but the best one is given by Order XIV rule 1(2). 48

Under this rule issues are material propositions of either fact or law or mixed fact and law which

must be alleged by the plaintiff in order for him to have a right to sue and which has to be denied

by the defendant in order to constitute his defence.

Issues arise-from the allegation by the plaintiff and denials by the defendant, they constitute the

points of dispute between the parties.

THEREFORE Issues arise from the pleadings.Whatever alleged/denied constitute an issue.

SUPPLEMENTARY SOURCES

Issues also may arise from the documents submitted by the parties to the court or by affidavit

submitted by the party to the court.

33
Also issues may arise from the oral examination at the first hearing.

WHO HAS THE DUTY TO FRAME ISSUES?

Order XIV rule 1 provides that. It is the duty of the court to frame the issues at the first hearing.

The duty is a mandatory duty. The court cannot run away from this duty.

There are instances where parties will help the court in framing the issues. Where the parties are

very clear as to what the real matter is between them they can help the court frame the issues. In

most cases where the parties are represented by advocates the normal practice is for the parties

to assist the court in framing the issues. The court has discretion to accept or reject them.

WHY FRAME ISSUES?

Framing the issues has a very important bearing. Whether the outcome will be just or unjust it

will depend on the framed issues.

1. It is the issues that direct the parties as to how they are going to adduce their evidence and not

the pleadings. The issues determine the relevance of the evidence.

2. It is the issues which fix the case. A court cannot refuse to make decision on an issue which

has been framed. The issues are framed to direct the court to the nature of decision to be made

even where the issue though framed but not pleaded.

Odd Jobs V. Mubia [1970] EA 476.

You can have an issue framed and not pleaded but the court must decide on the issue.

“On the point of that the court has no jurisdiction to decree on an issue nor been pleaded. The

attitude adopted by this court is not as strict as appears to be as it appears to be in India. In East

Africa, the position is that the Court may allow 49

34
evidence to be called and may base its decision on unpleaded issue if it appears from the course

followed at the trail that the unpleaded issue has in fact been left for the court for decision.”

The decision is supported by the case of NKALUBO V. KIBIRIGE [1973] EA 103.

At page 105. The same issue arose and the Court of Appeal reiterated the case of Odd Jobs.

As per the court

“While the general rule is that relief not founded on pleadings will not be given, a court may

allow evidence to be called and may base its decision on an unpleaded issue if it appears from

the course followed at the trial that the unpleaded issue has in fact been left for the court for

decision.”

The case introduces the proviso that the freedom of the court to allow evidence to be adduced on

an issue not pleaded and to base its decision on such issue is not extensive to an extent of

allowing the court to make a decision on a completely new course of action which was not

pleaded.

See also

1. Mgonja V. Kihiyo

2. Gondij V. Caspar Air Charter Ltd. (1956) 23 EACA 139; 140.

3. Blay V. Pollard & Morris [1930] All ER (Rep) 610,612.

4. Joseph Marco V. Pascal Rweyemamu [1977] LRT 59

In the case of Blay V. Pollard it was said “Cases must be decided on the issues on record and if

it is desired they must be placed on the record by amendment.

In the present case, the issue on which the judge decided was raised by himself without

amending the pleadings in my opinion he was not entitled to take such a cause.”

35
In another case which was decided in 1932 by the House of Lords in Bell V. Lever Bros [1932]

AC 161 at 216. In this case the court ruled that a trial court may, with the consent of the parties,

frame and decide on an issue which does not appear in the pleadings.

FAILURE TO FRAME ISSUES

Failure to frame issues is a procedural irregularity which may not be fatal to the proceedings. It

will be fatal to the proceedings when an appellate court forms an expression that the failure has

occasioned injustices to one of the parties.

CONSEQUENCE OF FAILURE TO FRAME ISSUES 50

Norman V. Overseas Motor Transport [1959] EA 131. In this case the trial court failed to

frame issues. On appeal the issue was whether the failure could be fatal to the proceedings. The

Court stated as follows:

“The failure to frame issues is an irregularity, the question would appear to be whether

notwithstanding the failure to frame issues the parties at the trail knew what the real question

between them was, that the evidence on the question had been taken and the court duly

considered it.”

According to the case – where the court has failed/omitted to frame issues, it is apparent that the

parties knew what was the dispute between them and had an opportunity to give evidence, which

has been taken into account by the court to make its decision. Such failure or omission will not

be fatal to the proceedings. It is fatal only to the proceedings only when it is apparent on the face

of the record that the parties did not know what the real issue was between them.

Justification

The framing of issues like practice of pleading is intended to avoid taking of the parties by

surprise, and also, intended to assist the court in understanding the case.

36
THE ART OF FRAMING THE ISSUES

1. The first rule of the thumb – where there are both issues of fact and law in the same suit and

the determination of the issues of law may dispose of the suit then the court must frame those

issues first. There is no use calling evidence where the law is clear. The issues of law will be

preliminary issues because their determination will dispose of the suit. This quickens the process

of litigation.

Issues of law are a matter of Judicial Notice. Eg Limitation, wrong parties, jurisdiction, res

judicata, capacity etc.

2. Framing of the issues of fact comes next.

Note that:- All issues whether of law or fact have got to be framed in the affirmative. E.g. in

issues of law – whether the suit is time barred, whether the suit is not time barred. In issues of

fact – whether X is Y’s legitimate son / whether X is Y’s illegitimate son.

3. Issues are not framed in argumentative way.

Issues must be concise, precise and clear questions of mostly not more than 8 words.

EXAMPLE OF PLAINT

(MWANZA DISTRICT REGISTRY)

AT MWANZA

CIVIL CASE NO. ..........OF .............2018

BETWEEN
DENIS TEMBA............................................................ PLAINTIFF
AND

37
 CHACHA CONSTRUCTION LTD........................................... .................DEFENDANT

PLAINT

Opening statement
The Plaintiff above named states as follows:-

Address for the Plaintiff

1. That, the Plaintiff is a natural person, adult, ordinarily residing at Mwanza District and
his proper address of service for the purposes of this suit shall be in the care of:-
GREAT LAW CHAMBERS (ADVOCATES),
3RD FLOOR NSSF TOWER,
KENYATTA ROAD,
P.0.BOX 64285,
MWANZA, TANZANIA.

Address for the Defendant

2. That, the Defendant is a limited liability company established under the laws of
Tanzania carrying on the business at Mwanza and his proper address for service for the
purposes of this suit shall be communicated to the Court process server in due cause.

The claim of the Plaintiff

3. That, the Plaintiff claims against the defendant the payment of 500 million arising from
the contract for construction of residential house.

The agreement
4. That, on 28th May, 2017 the Plaintiff and Defendant entered into agreement for the
construction of the residential house at the consideration of 500 million.
The copy of the said agreement is hereby attached and marked as “DT-1” and leave
of the Court is sought to form part of the Plaint.

38
Payment
5. That, the whole amount of 500 million which is subject to the contract was paid in the
same day when the agreement was signed.

The time.
6. That, the completion date of the contract agreed between Plaintiff and Defendant was
19th April, 2018, to date nothing has been done.

Indication of loss or how this breach of the contract affected

7. That, by the matter aforesaid (above), the Plaintiff suffered loss and damage arising as
his time and money were wasted by the defendant, as to date nothing has been done
though the whole amount was paid in the same day.

Jurisdiction of the Court

8. That, the cause of action arose in Mwanza and the orders sought are within the
jurisdiction of this honorable Court.

WHEREFORE: The Plaintiff prays for judgement and decree against the defendant as follows,
for:-
1. An order declared that a defendant has breached the contract.
2. An order for payment of Tshs 500 millions being amount paid to the defendant for the
construction of the house.
3. An order for payment of 20% interest for the amount stated of 500 millions and for the
time wastage.
4. An order for payment of general damages to be assessed by the Court.
5. An order for payment of 20% on general damages.
6. An order for payment of costs.
7. Any other relief the Court may deem fit and just to grant.

DATED at …................................. this .......... day of --------------2018

…........................... ............................

39
PLAINTIFF ADVOCATE FOR THE
PLAINTIFF

VERIFICATION
I Denis Temba, being Plaintiff herein do hereby verified that what is stated in paragraphs 1, 2,
3, 4, 5, 6, and 7 is true to the best of my knowledge, while paragraph 8 is the information I
received from my advocate.

Verified at......................... this...........day of …..............2018

...................................
.
PLAINTIFF

Presented for filing this .......... day of ............................,2018

.........................................
REGISTRY
OFFICER

COPY TO BE SERVED UPON:

DEFENDANT

DRAWN AND FILED BY:

JABIRI KATURA (ADVOCATE),
GREAT LAW CHAMBERS (ADVOCATES),
3RD FLOOR NSSF TOWER,
KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.

40