Civil Procedure and Practice by Solicitor Katura

Civil Procedure and Practice ;
By Solicitor Katura
CIVIL PROCEDURE AND PRACTICE
CIVIL CLAIM
A lawsuit brought to redress a private wrong such as breach of contract, encroachment, or
negligence; or to enforce civil remedies such as compensation, damages, injunction. Also called
civil action, civil proceedings, or civil suit.
CIVIL PROCEDURE
This is a procedure of litigation before the Courts in civil matters. It does not give any litigant a
right but it enacts a procedure through which a right can be obtained.
ESSENTIAL MATTERS TO CONSIDER WHEN INSTITUTING A CIVIL

MATTER.
A. A CAUSE OF ACTION
These are facts that enable a person to bring an action against another before the court. Or right or
reason to sue.
RELEVANT CASE
J. B. SHIRIMA & OTHERS v. HUMPHREY MEENA (1992) TLR 290 (HC)
It was stated that “A relief is not a cause of action, where the plaint does not disclose a cause of
action the Court has two alternatives; to order amendment of the plaint, or to strike out the plaint.”
Plaint struck out.
JOHN M. BYOMBALIRWA v AGENCY MARITIME LTD [1983] TLR 1 (CA)

It was stated that; “Where a plaint does not disclose a cause of action the court is to reject it and
not dismissing it as under Order VII Rule.11(a) of the Civil Procedure Code Cap 33”. Appeal
allowed.
B. JURISDICTION
By Solicitor Katura
This is the official power of the Court to make legal decisions and judgements.
CATEGORIES OF JURISDICTION
a) Jurisdiction for the purposes of instituting a fresh civil matter

1. TERRITORIAL JURISDICTION - This is the power of the court to entertain a claim
basing on its geographical claim. Every court has a limited area i.e. geographical area– in
which it operates. This is provided by statute establishing that court and in some cases by
the subsidiary legislation. In Tanzania there is only one court having jurisdiction over the
whole country, this is the High Court of Tanzania. There are two High Courts in the United
Republic of Tanzania. These are – the High Court of the United Republic of Tanzania and
the High Court of Zanzibar. The two High Courts have concurrent jurisdiction. N;B;- The
High Court of the United Republic has no jurisdiction over matters of Zanzibar but over
matters arising from the mainland, except over matters relating to election. The High Court
of Zanzibar has no jurisdiction over election petitions arising from the Mainland but for
matters of petition arising from the House of Representatives. The High Court of the United
Republic of Tanzania has several registries.
2. PECUNIARY JURISDICTION - This is the power of the court to entertain a claim basing
on its monetary claim. Black's Law Dictionary 3 traces the origin of the term pecuniary
from a Latin word “pecunia” which means money or real or personal property and the term
pecuniary is defined as relating to monetary.
Relevant case
ABDU HASSAN v. MOHAMED AHMED (1989) TLR 181 (HC)
It was Held that;- The trial magistrate lacked pecuniary jurisdiction to entertain the matter
and the proceedings are a nullity.
Order accordingly.
3. SUBJECT-MATER JURISDICTION - This is the authority of a court to hear cases of a

particular type or cases relating to a specific subject matter. For instance, bankruptcy
court only has the authority to hear bankruptcy cases. And Kadhi's court is for the muslim
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parties and for the matters of marriage, inheritance, dowry and divorce. Commercial courts
for business claims
b) Jurisdiction for other purposes

1. THE ORIGINAL - The original jurisdiction of a court is the exclusive power of the Court
to hear a case for the first time. E.g. the H.C in murder cases of constitutional petition. [ss.
40, 41 of MCA, 1984).
RELEVANT CASE
RICHARD NDAHALAWE V. TANZANIA HARBOURS AUTHORITY . CIVIL
CASE NO. 422 OF 2002 (HC).
It was Held that:- " It is clear to us that trade disputes have to follow the prescribed
procedure and there is no room for going to the High Court straight. The High Court has no
original jurisdiction to entertain trade disputes. Such matters are dealt with in accordance
with the Act." Accordingly, this court has no original jurisdiction to entertain the suit. It is
incompetently before the court. I therefore uphold the alternative objection by defendants
and the suit is struck out with costs.
2. APPELLATE JURISDICTION – This is the power of the court to hear the matter on
appeal. It means the matter has already been heard by the lower Court. E.g. Appeal from
District/R. Magistrate Court to the High Court. [SS. 20, 25 of MCA, 1984].
RELEVANT CASES
HALAIS PRO-CHEMIE v WELLA A.G. (1996) TLR 269 (CA)
It was Held that: The Court could, on its own motion and at any time, invoke its revisional
jurisdiction in respect of proceedings in the High Court; Except under exceptional
circumstances, a party to proceedings in the High Court could not invoke the revisional
jurisdiction of the Court as an alternative to the appellate jurisdiction of the Court;
3. CONCURRENT JURISDICTION: This is the power which is given to more than one
Court over the matter. E.g. Divorce petition can either be filed in Primary Court, D.C, RMC
or H. Court; S. 66 of the Law of Marriage Act, 1971, S.63 of MCA, 1984 {Contra, S. 13
of The CPC}.
By Solicitor Katura
RELEVANT CASE
NATIONAL BANK OF COMMERCE v STAR TRANSPORT CO LTD (19970 TLR
293 (CA)
It was Held that; The Court of Appeal and the High Court had concurrent jurisdiction in
the present matter. The applicant had rightly made application to the High Court before
coming to the Court of Appeal as under Rule 44, where the Courts had concurrent
jurisdiction, first application should be made to the High Court;
4. EXTENDED JURISDICTION: This is the power given to a resident magistrate to hear

matters that would otherwise fall in the original jurisdiction of the High Court. Appeal from
decision of the RM with extended Jurisdiction is lodged in the Court of Appeal. (s. 45 of
MCA, 1984).
RELEVANT CASES
SEIF SHARIF HAMAD v. S.M.Z (1992) TLR 43 (CA)
It was Held that: Our appellate jurisdiction derives from the Appellate Jurisdiction Act,
1979. Section 6 deals with criminal appeals like this one. Section 6(2) expressly permits
only the D.P.P. to appeal against any order of the High Court or subordinate court in the
exercise of extended jurisdiction;
5. REVISIONAL JURISDICTION (SUPERVISORY POWER): The power of the upper

court in the hierarchy to correct or revisit the decision of the lower court. [ss.22, 31, 43(2),
44 of MCA, 1984].
RELEVANT CASES
MOSES J MWAKIBETE v THE EDITOR - UHURU, SHIRIKA LA MAGAZETI YA
CHAMA AND NATIONAL PRINTING CO LTD (1995) TLR 134 (CA)
It was Held that:- The Court of Appeal can be moved to use its revisional jurisdiction
under s 2(3) of the Appellate Jurisdiction Act 1979 only where there is no right of appeal, or
where the right of appeal is there but has been blocked by judicial process, and lastly, where
the right of appeal existed but was not taken, good and sufficient reasons are given for not
having lodged an appeal;
By Solicitor Katura
The applicant in this case had a right to appeal and has not given any good and sufficient
reasons why he did not appeal; therefore he cannot move the Court of Appeal to exercise its
revisional jurisdiction.
TRANSPORT EQUIPMENT LTD v DEVRAM P VALAMBHIA (1995) TLR 161

(CA)
It was Held that: If a party does not have an automatic right of appeal then he can use the
revisional jurisdiction after he has sought leave to appeal but has been refused; In the present
application the applicant had an automatic right of appeal which was not utilized due to the
applicant's own fault. Application dismissed.
6. JUDICIAL REVIEW JURISDICTION: The power of the High Court to determine the
legality of the decision of administrative tribunals or actions of administrator/s.
RELEVANT CASES
ALHAJI A J MUNGULA v BARAZA KUU LA WAISLAM WA TANZANIA (1997)
TLR 50 (HC)
It was stated that; Judicial review would be confined (restricted) to the decisions of
BAKWATA which pertained to the performance of a legal function: its decision on matters
in respect of the domestic relationship between it and its officers would not be subject to
review. Application refused.
C: LIMITATION:
This is divided into two:-
a – LIMITATION OF TIME – This is loss of legal right because of passage of time. Limitation of
time is divided into two:-
1. Limitation of time involves a matter which is not yet in the Court. In this situation the
Court doors are closed until he/she applies for extension of time to the Minister responsible
for legal affairs.
As under the Law of Limitation Act Cap 89 (2002) Section 44.-(1) Where the Minister is
of the opinion that in view of the circumstances in any case, it is just and equitable so to do,
By Solicitor Katura
he may, after consultation with the Attorney-General, by order under his hand, extend the
period of limitation in respect of any suit by a period not exceeding one-half of the period of
limitation prescribed by this Act for such suit.
2. Limitation of time involves a matter which is already in the Court. He/she must apply
for extension of time to the Court.
As under the Law of Limitation Act Cap 89 (2002) Section 14.-(1) Notwithstanding the
provisions of this Act, the court may, for any reasonable or sufficient cause, extend the
period of limitation for the institution of an appeal or an application, other than an
application for the execution of a decree, and an application for such extension may be
made either before or after the expiry of the period of limitation prescribed for such appeal
or application.
b – ESTOPPEL – This is a Doctrine which prevents one from denying facts or rights due to his
or her actions, conduct, statements, admissions, failure to act or judgment against in an identical
legal case. OR This is a doctrine of promissory which prevents one party from withdrawing a
promise made to a second party if the latter has reasonably relied on that promise.
This is divided into two:-
1. Res subjudice - in Latin means “Under Judgement”. It denotes that a matter or case is
being considered by Court or Judge. When two or more cases are filed between the same
parties on the same subject matter, in two or more different Courts, the competent court has
power to “Stay Proceedings” of another Court.
As under Civil Procedure Code Cap 33 Section 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.
2. Res judicata – In Latin term for "a matter [already] judged" by a competent court and
therefore may not be pursued further by the same parties, and refers to either of two
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concepts: in both civil law and common law legal systems, a case in which there has been a
final judgment and is no longer subject to appeal.
As under Civil Procedure Code Cap 33 Section 9 “No court shall try any suit or issue in
which the matter directly and substantially in issue has been directly and substantially in
issue in a former suit between the same parties or between parties under whom they or any
of them claim litigating under the same title in a court competent to try such subsequent suit
or the suit in which such issue has been subsequently raised and has been heard and
finally decided by such court.”
Rationals (logical) of res judicata:-

1. Interest Reipublicae Ut Sit Finis Litium - in the interest of society or public as a whole,
litigation or suit must come to an end.
2. 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.
3. 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

1. 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."
2. 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.
3. 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 right is having jurisdiction, the question must determine that whether the
decision maker (person) has jurisdiction.
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4. 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.
RELEVANT CASE
MARATO MATIKU V. WANKYO SANAWA (1987) TLR 150 (HC)
It was Held that: Where grounds relied in the later petition are the same as those dismissed
previously, then the petition is res judicata.
Appeal dismissed.
VILLAGE CHAIRMAN - K.C.U. MATEKA v ANTHONY HYERA (1988) TLR 188 (HC)
It was Held that: one of the conditions for successful invocation of the plea of res judicata is that
the parties in the previous suit must be the same as in the subsequent suit. In Kigonsera Primary
Court civil case No. 59 of 1983 and Mbinga District Court Civil No. 81 of 1983 the parties were
Antony Hyera and Osmund Ndunguru. The appellant as chairman was not a party to these
proceedings. The plea is therefore not maintanable in law.
Appeal dismissed.
PROCEDURES FOR SPECIAL CATEGORIES OF CIVIL

SUITS
A: REPRESENTATIVE SUIT
This is a legal action in which one or a few members of a class sue on behalf of themselves and
other members of the same class.
As according to Civil Procedure Code Cap 33, Order 1 Rule 8(1) “Where there are numerous
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person having the same interest in one suit, one or more of such persons may, with the permission
of the court, sue or be sued, or may defend, in such suit, on behalf of or for the benefit of all
persons so interested; but the court shall in such case give, at the plaintiff's expense, notice of the
institution of the suit to all such persons either by personal service or, where from the number of
persons or any other cause such service is not reasonably practicable, by public advertisement, as
the court in each case may direct.”
Conditions for filing Representative Suits;-

1. All members of a class should have common interests in the subject matter.
2. The relief sought should be beneficial to all.
3. Numerous parties.
4. A notice must be given to all the members (parties).
5. A leave of the court must be obtained.
6. Once representative suit has been filed it cant be withdraw without the consent of
represented parties.
Relevant Case:-
LUJUNA SHUBI BALLONZI V. CHAMA CHA MAPINDUZI (1996) TLR 203 (HC)
It was Held that:- Although the plaint does not expressly say so, it is plain that the plaintiff has
purported to file the suit on behalf of himself and also on behalf of all Tanzanians who are not
members of the ruling party; but as the suit has been filed without adopting the procedure laid down
in Order I Rule 8 of the Civil Procedure Code, for instituting representative suits, it is
incompetent in law.
MUSSA HAMISI SHAH & TWO OTHERS V. DAR ES SALAAM CITY COUNCIL (1996)
TLR 201 (HC)
It was Held that: The law allows representative suits, but any application for leave to bring a suit
in this way should be entertained by the court that will hear the suit in due course. It would be
premature for this Court to grant the injunction sought before the main suit has been filed. Leave is
granted to the Applicants to file the main suit, and the application succeeds to this extent only.
B: SUMMARY SUIT
By Solicitor Katura
Outline:-
1. Application of Order. O.XXXV R.1
2. Institution of summary suits. O.XXXV, R.2
3. Defendant showing defence on merits to have leave to appear. O.XXXV, R.3
4. Power to set aside decree. O.XXXV, R.8
5. Power to order bill, etc., to be deposited with officer of court. O.XXXV, R.9
6. Recovery of cost of noting non-acceptance of dishonoured bill or note. O.XXXV, R.10
7. Procedure in suits. O.XXXV, R.11
A summary suit is instituted by presenting a plaint in the court of law containing the following
specification ;-
1. That, it must mention that the suit is filed under 'summary procedure'
2. And below the title of the suit it should be written 'Made under Order XXXV of Civil
Procedure Code, Cap 33'.
A. APPLICATION OF ORDER
(O.XXXV R.1-This Order shall apply to-
1. Suits upon Bills of exchange (including cheques)
2. Suits for the recovery of income tax.
3. Suits arising out of mortgage.
4. Suits by the Tanzania Electric Supply Company Limited for the recovery of meter rents,
charges for the supply of electricity and other charges (including any tax) connected with.
5. Suits for the recovery of rent, interest or other debts due to the Republic, the Government or
any local government authority.
6. Suits for the recovery of possession of any immovable property including any building or
other premises where the right of the person seeking to recover such possession is not
restricted by the provisions of the Rent Restriction Act.
7. suits for the recovery of possession of any immovable property from a lesse, under such
agreement the lessee has no right of ownership over the property leased to him.
B:INSTITUTION OF SUMMARY SUIT

O.XXXV, R.2.-(1) Suits to which this Order applies shall be instituted by presenting a plaint in the
usual form but endorsed "Order XXXV: Summary Procedure" and the summons shall inform the
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defendant that unless he obtains leave from the court to defend the suit, a decision may be given
against him and shall also inform him of the manner in which application may be made for leave to
defend.
C: DEFENDANT SHOWING DEFENCE ON MERITS TO HAVE LEAVE TO APPEAR.

O.XXXV, R.3.- (1) The court shall, upon application by the defendant, give leave to appear and to
defend the suit, upon affidavits which-
(a) disclose such facts as would make it incumbent on the holder to prove consideration, where the
suit is on a bill of exchange or promissory note; or
(b) disclose such facts as the court may deem sufficient to support the application.
D: POWER TO SET ASIDE DECREE.

O.XXXV, R.8. After decree the court may, in exceptional circumstances set aside execution, and
may give leave to the defendant to appear to the summons and to defend the suit, if it seems
reasonable to the court so to do, and on such terms as the court thinks fit.
E: POWER TO ORDER BIL

O.XXXV, R.9- In any proceeding under this Order the court may order the bill or note on which the
suit is founded to be forthwith deposited with an officer of the court and may further order that all
proceedings shall be stayed until the plaintiff gives security for the costs thereof.
F: RECOVERY OF COST
O.XXXV, R.10 The holder of every dishonoured bill of exchange or promissory note shall have the
same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or
non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery
of the amount of such bill or note.
G: PROCEDURE IN SUITS.
O.XXXV, R.11. Save as provided by this Order, the procedure in suits under this order shall be the
same as the procedure in suits instituted in the ordinary manner.
B: THIRD PART PROCEDURE -

By Solicitor Katura
CONTENTS
(Order 1 Rule 14 to Rule 23)
1. Leave to file third party notice.
2. Contents of notice.
3. Service of notice on third party and other parties to the suit.
4. Defence by third party.
5. Directions.
6. Judgment against third party in default.
7. Costs.
8. Provisions of the Code and Law of Limitation to apply to third party proceedings.
9. A third party may present a third party notice.
10. Co-defendant as a third party.
PROCEDURES FOR INSTITUTING LAND DISPUTES
scopes of Disputes
 Ownership of Land
 Trespass to Land
 Housing Disputes
e.g: rent & eviction
 Certain form of recoveries in mortgages and third party claims.
THE FORUMS (COURTS) OF ADJUDICATION
a)The Village Council (The Village Land Act CAP 114)
References of disputes from council to Court:

s.62(2) The following courts are hereby vested with exclusive jurisdiction, subject to the provisions
of Part XIII of the Land Act, 1999, to hear and determine all manner of disputes, actions and
proceedings concerning land, that is to say–
(a) the Court of Appeal;
(b) the High Court (Land Division);
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(c)the District Land and Housing Tribunal;
(d) the Ward Tribunal; and
(e) the Village Land Council.
Composition of Village Land Council (s.5(1) of the Land Disputes Courts Act Cap 216).
The Council shall be composed of Seven members of whom three shall be Women and all must be
approved by the Village Assembly.
Functions of the Village Land Council (s.7 of the Land Disputes Courts Act Cap 216).
1. Receiving complaints from parties in respect of land;
2. Convening meetings for the hearing of disputes from parties; and
3. Mediating between and assist parties to arrive at a mutually acceptable settlement of the
disputes on any matter concerning land within its area of jurisdiction.
Where the parties are not satisfied with the decision (s.9 of the Land Disputes Courts Act Cap
216).
Where the parties to the dispute before the Village Land Council are not satisfied with the decision
of the Council, the dispute in question shall be referred to the Ward Tribunal. As according to (s.9
of the Land Disputes Courts Act Cap 216).
b) The Ward Tribunal (Land Disputes Courts Act CAP 216)
Institution of land disputes:

s.3(1) Subject to section 167 of the Land Act Cap. 113*, and section 62 of the Village Land Act
Cap. 114*, every dispute or complaint concerning land shall be instituted in the Court having
jurisdiction to determine land disputes in a given area.
(2) The Courts of jurisdiction under subsection (1) include:
(a) the Village Land Council;
(b) the Ward Tribunal;
(c) the District Land and Housing Tribunal;
(d) the High Court (Land Division);
(e) the Court of Appeal of Tanzania.
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Composition Of Ward Tribunal (s.11 of the Land Disputes Courts Act Cap 216)
Each Tribunal shall consist of not less than four nor more than eight members of whom three shall
be women who shall be elected by a Ward Committee.
Pecuniary Jurisdiction (s.15 of the Land Disputes Courts Act Cap 216).
The Jurisdiction of the Tribunal shall in all proceedings of a civil nature relating to land be limited
to the disputed land or property valued at three million shillings.
Powers Of The Tribunal (s.16 of the Land Disputes Courts Act Cap 216).
1. Order the recovery of possession of land;
2. Order the specific performance of any contract;
3. Make orders in the nature of an injunction both mandatory and prohibitive;
4. Award any amount claimed;
5. Award compensation;
6. Order the payment of any costs and expenses incurred by a Successful party or his
witnesses; or
7. Make any other order, which the justice of the case may require.
Institution of Complaint to Ward Tribunal (s.17 of the Land Disputes Courts Act Cap 216)
When a complaint is made to the Secretary under subsection (1), that Secretary shall cause it to be
submitted to the Chairman of the Tribunal who shall immediately select three members of the
Tribunal to mediate.
Where the complaint is received orally from the complainant, the Secretary shall immediately put it
in writing and produce a copy for the complainant.
Appearance By Advocate Prohibited (s.18 of the Land Disputes Courts Act Cap 216)
No advocate as such may appear and act for any party in a Ward Tribunal. The Ward Tribunal may
permit any relative or any member of the household of any part to any proceeding, upon request of
such party to appear and act for such party.
Also a Ward Tribunal in any proceeding to which a body corporate is a party may authorize its
director, secretary, member or a person in the employment of the body corporate to appear on
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behalf, other than an advocate.
Appeals From Ward Tribunal (s.19 of the Land Disputes Courts Act Cap 216)
A person aggrieved by an order or decision of the Ward Tribunal may appeal to the District Land
and Housing Tribunal (DLHT).
Time For Appeal (s.20 of the Land Disputes Courts Act Cap 216)
Every appeal to a District Land and Housing Tribunal shall be filed in the District Land and
Housing Tribunal within forty-five days after the date of the decision or order against which the
appeal is brought.
The District Land and Housing Tribunal may for good and sufficient cause extend the time for
filing and appeal either before or after the expiration of forty-five days.
And where an appeal is made to the District Land and Housing Tribunal within the said period of
forty days, or any extension of time granted, the District Land and Housing Tribunal shall hear and
determine the appeal.
C) The District Land And Housing Tribunal (DLHT) (Land Disputes

Courts Act CAP 216)
Establishment of the District Land and Housing Tribunal (s.22 of the Land Disputes Courts
Act Cap 216)
The Minister shall establish in each district, region or zone, as the case may be, a court to be known
as the District Land and Housing Tribunal.
The Court established shall exercise jurisdiction within the District, Region or Zone in which it is
established.
Pecuniary Jurisdiction of the DLHT

Land Disputes Courts Act Cap 216
s.33(2)(a) In proceedings for the recovery of possession of immovable property, to proceedings in
which the value of the property does not exceed 300 million shillings; and
(b) in other proceedings where the subject matter is capable of being estimated at a money value, to
proceedings in which the value of the subject matter does not exceed 200 million shillings.
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Hearing & Powers of DLHT

(s.33(1), 34, 35 & 36 of the Land Disputes Courts Act Cap 216)
The District Land and Housing Tribunals entertain fresh cases and appeals from the Ward Tribunal.
They have their Original Jurisdiction, Appellant Jurisdiction, Revision Jurisdiction and also they
have powers to review their own decisions.
PROCEDURES FOR HANDLING DISPUTES IN DLHT

(Under Land Disputes Courts Regulation, 2003)
PART II
APPLICATIONS, SUMMONS AND SERVICE
Outline
1. Filing an Application. (r.3 of Land Disputes Courts Regulation, 2003)
2. Issue Of Summons
3. Service Of Summons
i) Filing an Application
Any proceedings before the Tribunal shall be commenced by an application filed by an applicant or
his representative through payment of appropriate fees prescribed in the first schedule of these
Regulations.(r.3(1) of Land Disputes Courts Regulation, 2003).
An application to the Tribunal shall be made in the form prescribed in the Second Schedule to these
Regulations and shall contain the following:-
1. The names and addresses of the parties involved.
2. The addresses of the suit premises or location of the Land involved in the dispute to which
the application relates.
3. Nature of disputes and cause of action.
4. Estimated value of the subject matter of the dispute.
5. Relief sought.
6. Amount of rent if the dispute involves payment of rent.(r.3(2) of Land Disputes Courts
Regulation, 2003).
By Solicitor Katura
SAMPLE OF PRESCRIBED FORM No.1 FOR THE TRIBUNAL
IN THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR KINONDONI DISTRICT
AT MWANANYAMALA
LAND APPLICATION NO. ………………….. OF 2018
Between
MEDDY KAGERE………………………………………………………………… APPLICANT
And
YUSUPH MACHO……………………………………………………………….RESPONDENT
APPLICATION
1. Name and Address of the Applicant is:-

MEDDY KAGERE,
P.O.BOX 6533,
KINONDONI,
DAR ES SALAAM.
2. Name and Address of the Respondent is:

YUSUPH MACHO,
P.O.BOX 7649,
KINONDONI,
DAR ES SALAAM.
3. Location and address of the suit premises/Land;-

The Suit Premises is located at Kinondoni-Siafu street, in Kinondoni Municipality, Dar es
Salaam.
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4. Estimated value of the suit property;
The Suit Property herein above mentioned is worth about Tanzania Shillings Thirty Millions
(30,000,000.00).
5. Where arrears of rent is an issue. State monthly rent;

Rent is an issue to be determined.
6. Cause of Action/ Brief Statement of facts constituting the claim

(a) Cause of action/ brief statement of facts constituting the claim are:-
1. That, the Applicant is the lawful owner of the land property located at Kinondoni-
Siafu street, in Kinondoni Municipality, Dar es Saalaam.
2. That, the Respondent is the neighbor of the Applicant at land property referred
above.
3. That, sometimes in February, 2012 the respondent jointly unlawful and without any
colour of right claims ownership of part of the Applicant’s property referred above
and intend to demolish part of the said Applicant’s property.
4. That, due to the said unlawful acts of the Respondent the Applicant have suffered
and are still suffering great loss and damage.
(b) List of relevant documents to Annexed are:-NIL
7. Relief(s) Claimed:
The Applicant prays for this Honorable Tribunal to grant judgement and decree against the
Respondent on the following orders and relief(s):-
1. A Declaration that the Applicant is the lawful owner of the suit property.
2. Permanent injunction to restrain the Respondent or his agents or workmen or
servants from demolishing the Applicant’s property.
3. Permanent injunction to restrain the Respondent or his agents or workmen or
servants from constructing any structure on the suit premises.
4. Demolition order to demolish any structure constructed on the suit premises by the
Respondent or his agents or workmen or servants.
5. Costs of this Application be borne by Respondent.
6. Any other relief(s)/orders the Honorable Tribunal will deem appropriate to grant.
By Solicitor Katura
VERIFICATION
I, MEDDY KAGERE, being the Applicant in this case hereby verify that what all has been stated
above in paragraph 1, 2, 3, 4, 5, and 6 is true to the best of my own knowledge, and what is stated
in paragraph 7 is the information supplied to me by my Advocate.
Verified at Dar es Salaam this……day of ……………………………..…………..........2018

....…………………
APPLICANT
Presented for filling this………….…day of ……..…………………………………..........2018

……………………………….
TRIBUNAL CLERK
TO BE SERVED UPON:
YUSUPH MACHO,
P.O.BOX 7649,
KINONDONI,
DAR ES SALAAM.
DRAWN AND FILED BY:

JABIRI KATURA (ADVOCATE),
GREAT LAW CHAMBERS (ADVOCATES),
3RD FLOOR NSSF TOWER,
KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.
The application form may be obtained from the Registry or sub-registry of the Tribunal by
the applicant or his representative upon payment of prescribed fees. (r.3(3) of Land Disputes
Courts Regulation, 2003)
N:B - Where there is an emergence or any dangerous situation on the part of the Applicant or
By Solicitor Katura
which threatens the Applicant. It needs the Applicant to prepare APPLICATION, CHAMBER
SUMMONS and AFFIDAVIT.
ii) Issue Of Summons

Where an application is made to the Tribunal, the Tribunal may issue summons to the
Respondent, informing him on the time, place, and date where the Application will be mentioned.
(r.5(1) of Land Disputes Courts Regulation)
iii) Service Of Summons

In effecting service of summons, a copy of Application or chamber application if any shall
be attached to every summons to be served upon a party to the Application. Service of summons
shall be effected by the process server. (r.6(1) &(2) of Land Disputes Courts Regulation)
PART III
SUBMISSION OF WRITTEN STATEMENT OF DEFENCE, COUNTER AFFIDAVIT AND
COUNTER CLAIM.
Outline
1. Written Statement Of Defence. (r.7(1)(a).
2. Counter Affidavit. (r.7(1)(b).
3. Counter Claim. (r.7(2).
4. Extension of time. (r.7(3).
5. Fixing the Date of Hearing. (r.8(1).
6. Notice of date of hearing. (r.8(2).
7. Receiving Documents. (r.10).
i) Written Statement Of Defence.

Upon being served with copy of the Application, the Respondent shall file his written
statement of defence in response to the Application within 21 days of service upon payment of
prescribed fees.(r.7(1)(a) of Land Disputes Courts Regulation, 2003)
ii) Counter Affidavit

Where there is Chamber summons, the Respondent shall file his Counter affidavit in
By Solicitor Katura
response to an affidavit supporting Chamber summons within 7 days of service upon payment of
prescribed fees (r.7(1)(b) of Land Disputes Courts Regulation, 2003).
iii) Counter Claim

Where the written statement of defence contains counter claim, the Tribunal shall serve the
Applicant with a copy of Counter claim, and the Applicant within 21 days of service shall file
written statement of defence on the Counter claim. (r.7(2) of Land Disputes Courts Regulation,
2003).
iv) Extension of time

The Chairman on a good cause shown by any party, may extend time within which to file
written statement of defence in time not exceeding 14 days and for Counter Affidavit not exceeding
7 days. (r.7(3) of Land Disputes Courts Regulation, 2003).
v) Fixing the Date of Hearing

Where the written statement of defence or Counter affidavit has been filed in any
proceedings, the Chairman shall proceed to fix a hearing date for application or chamber application
and no further pleadings shall be entertained.(r.8(1) of Land Disputes Courts Regulation, 2003).
vi) Notice of date of hearing.

Where the hearing date is fixed in the presence of parties or their representatives, the
Tribunal shall constitute the notice of date of hearing. And in the absence of the parties or their
representative, the Tribunal shall cause the notice of date of hearing to be served upon the parties or
their representatives.(r.8(2)(a)&(b) of Land Disputes Courts Regulation, 2003).
vii) Receiving Material Documents

At first hearing, the Tribunal may receive documents which were not annexed to the
pleadings at first, without necessarily follow the procedure under Civil Procedure Code or the
Evidence Act.(r.10(1) of Land Disputes Courts Regulation, 2003).
The Tribunal may allow at any stage of proceeding to produce any material documents
which were not produced earlier at the first hearing before conclusion of hearing.(r.10(2) of Land
Disputes Courts Regulation, 2003).
By Solicitor Katura
PART IV
PROCEDURE FOR HEARING AND JUDGEMENT
Outline:-
1. Proceed Hearing.
2. Where Applicant is absent
3. Where Respondent is absent
4. Read the Application for Respondent
5. Evidences and submissions
6. Judgement
7. Contents of Judgement
I) Proceed Hearing.
The Tribunal shall proceed to hear the evidences on both sides and determine the application
where both parties are present. (r.11(1)(a) of Land Disputes Courts Regulation, 2003).
ii) Where Applicant is absent

Where the applicant is absent without good cause and had received notice of hearing or was
present when the hearing date was fixed. The Chairman will dismiss the application for non-
appearance of applicant.(r.11(1)(b) of Land Disputes Courts Regulation, 2003).
iii) Where Respondent is absent

Where the Respondent is absent without a good cause and had received notice of hearing or
was present when the hearing date was fixed, the Tribunal will proceed to hear the matter exparte
and determine the matter.(r.11(1)(c) of Land Disputes Courts Regulation, 2003).
iv) Read the Application for Respondent

At the date of hearing , the Chairman shall read and explain the contents of the Application
to the Respondent to either admit or deny the claim.(r.12(1) & (2) of Land Disputes Courts
Regulation, 2003).
Where the Respondent has admitted the claim, the Tribunal shall record his words and
proceed to make orders as it thinks fit . And where Respondent does not admit the claim or part of
the claim, lead to the parties with their advocates if any to frame the issues.(r.12(3)(a) & (b) of
By Solicitor Katura
Land Disputes Courts Regulation, 2003).
v) Evidences and submissions

Parties or their advocates may call their witnesses during the hearing as may be required by
the Tribunal, and make final submissions either orally or in written form as the Tribunal may direct.
(r.14 of Land Disputes Courts Regulation, 2003).
vi) Judgement
After receiving evidences and submissions, the Tribunal may pronounce judgement on the
spot or reserve judgement to be pronounced later. Provided that the judgement shall not be reserved
for a period of three months from the date of conclusion of the proceedings.(r.19(1) of Land
vii) Contents of Judgement

The judgement of the Tribunal shall be short , written in simple language and shall consist
of:-
1. A brief statement of facts
2. Findings on the issues
3. A decision
4. Reasons for the decision
The Chairman shall issue a decree immediately after the judgement. (r.20(1) of Land
PROCEDURE FOR APPEAL TO AND IN THE COURT OF

APPEAL OF TANZANIA.
TYPES OF APPEAL TO THE COURT OF APPEAL
1. An Automatic right of Appeal to Court of Appeal.

This happens when the High Court exercises its Original jurisdiction in the normal civil cases, here
no need for aggrieved party to seek for a leave from the High Court in order to appeal to the Court
of Appeal.
By Solicitor Katura
As provided under APPELLATE JURISDICTION ACT CAP 141.
s.4.-(1) The Court of Appeal shall have jurisdiction to hear and determine appeals from the
High Court and from subordinate courts with extended jurisdiction.
2. An Appeal which must seek leave from the High court.

This is when the High Court exercises its appellate jurisdiction in the normal civil cases for the
cases originated from the District Court, here the aggrieved party must seek leave in order to appeal
to the Court of Appeal.
As provided under THE APPELLATE JURISDICTION ACT CAP 141.
s.5.-(1)(c) In civil proceedings, except where any other written law for the time being in
force provides otherwise, an appeal shall lie to the Court of Appeal with the leave of the
High Court or of the Court of Appeal, against every other decree, order, judgment, decision
or finding of the High Court.
3. An Appeal which must seek Certificate Of Point Of Law from the High court.
This is when the High Court exercises its appellate jurisdiction in the normal civil cases for the
cases originated from the Primary Court, here the aggrieved party must seek for a certificate of
point of Law from the High Court in order to appeal to the Court of Appeal.
As provided under THE APPELLATE JURISDICTION ACT CAP 141.
s.5.-(2)(c) In civil proceedings, except where any other written law for the time being in
force provides otherwise, no appeal shall lie against any decision or order of the HighCourt
in any proceedings under Head (c) of Part III of the Magistrates' Courts Act unless the High
Court certifies that a point of law is involved in the decision or order;
N.B;- The above leave or certificate of point law will be obtained only after lodging the notice of
appeal.
As provided under COURT OF APPEAL RULES, 2009
Rule-46(1) “Where an application for a certificate or for leave is necessary, it shall be
made after the notice of appeal is lodged”.
As provided under COURT OF APPEAL RULES, 2009

Rule-83(4) When an appeal lies only with leave or on a certificate that a point of law is
involved, it shall not be necessary to obtain the leave or the certificate before lodging the
By Solicitor Katura
notice of appeal.
As provided under THE CIVIL PROCEDURE CODE CAP 33,

Order XLIII RULE 2 - “Every application to the Court made under this Code shall, unless
otherwise provided, be made by a chamber summons supported by affidavit.”
SAMPLE OF NOTICE OF APPEAL
IN THE COURT OF APPEAL OF TANZANIA

AT DAR ES SALAAM
CIVIL APPLICATION No..........of 2018
IN THE MATTER OF AN INTENDED CIVIL APPEAL No…..........…OF 2018
Between
JOSEPHINE RWEZAURA…………………………………………………..APPELLANT
And
KYEJU CONSULTING LIMITED…….......…………………………...RESPONDENT
(An appeal from the judgment of the High court of Tanzania, Land Division, at Dar es Salaam,
before Hon. Mwangesi J. dated…….August 2018 in Land Appeal No…..of 2018).
NOTICE OF APPEAL
(Under Rule 83(1) of the Tanzania Court of Appeal Rules, 2009)
TAKE NOTICE THAT JOSEPHINE RWEZAURA being dissatisfied with the decision of the
Honorable Mr. Mwangesi J. given at Dar es Salaam on the…......day of August 2016 intends to
appeal to the Court of Appeal of Tanzania against the whole of the said decision as decided.
The address for the service of the Appellant is;

Katura Attorneys
Samora Avenue
above Sapna Electronics Limited shop,
By Solicitor Katura
NHC Plot No. 2320/9
P. O. Box 11363,
Dar Es Salaam
It is intended to serve copies of this notice on;

Big-role Advocates
4th Floor, PPF Tower
Ohio/Garden Avenue
P. O. Box 75578
Dar Es Salaam
Date this……………………day of ………………………………………………….2016
………………………………………
ADVOCATE FOR THE APPLICANT
To
The Registrar
High Court of Tanzania
Land Division
Dar Es Salaam
Lodged in the High Court of Tanzania Land Division at Dar es Salaam this………..day
of…………………………………2018.
……………………………..
REGISTRAR
EXCEPTION
Except in the Land matters, whereby there must be a seek for a leave for the matter from the District
Land and Housing Tribunal and seek for a certificate of point of law from the High Court (Land
Division) for the matter from the Ward Tribunal, regardless the High Court (Land Division)
exercises its original or appellate jurisdiction.
By Solicitor Katura
As provided under THE LAND DISPUTES COURTS ACT CAP 216.

s.47. (1) Any person who is aggrieved by the decision of the High Court (Land Division) in
the exercise of its original, revisional or appellate jurisdiction, may with the leave from the
High Court (Land Division) appeal to the Court of Appeal in accordance with the Appellate
Jurisdiction Act.
(2) Where an appeal to the Court of Appeal originates from the Ward Tribunal the appellant
shall be required to seek for the Certificate from the High Court (Land Division) certifying
that there is point of law involved in the appeal.
PLACE AND TIME FOR LODGING AN APPLICATION.
Place and time for lodging the application are ;

Provided under COURT OF APPEAL RULES, 2009.
Rule-47. “Whenever application may be made either to the Court or to the High Court, it
shall in the first instance be made to the High Court or tribunal as the case may be.....”
AND
Rule-45(a) “Where an appeal lies with the leave of the High Court, application for leave
may be made informally, when the decision against which it is desired to appeal is given, or
by chamber summons according to the practice of the High Court, within fourteen days of
the decision”
N:B:- In case the High Court refused to grant leave, a fresh application should be made to the Court
of Appeal and not an appeal.
Common grounds for Appeal to Court of Appeal:-

1. Grounds that raise issue of general importance
2. Grounds that show the prima facie
3. Grounds that show the reasonable chances of success.
4. Grounds that show the proceedings reflect obvious fault.
SUITABLE PROVISIONS TO MOVE THE COURT FOR APPEAL TO THE

By Solicitor Katura
COURT OF APPEAL.
The Court has to be moved properly by citing relevant and proper provisions such as:-
a) An Application for a leave to the High Court, the proper provision to move the Court is
provided;-
Under THE APPELLATE JURISDICTION ACT, CAP 141.
s.5.-(1)(c) “In civil proceedings, except where any other written law for the time being in
or finding of the High Court.”
b) An Application for a leave to the High Court (Land Division), the proper provision to move the
Court is provided;-
Under THE LAND DISPUTES COURTS ACT, CAP 216.
s.47. (1) “Any person who is aggrieved by the decision of the High Court (Land Division) in
the exercise of its original, revisional or appellate jurisdiction, may with the leave from the
High Court (Land Division) appeal to the Court of Appeal in accordance with the Appellate
Jurisdiction Act.”
c) An Application for a leave to the Court of Appeal whether for the Land matters or other civil
matters after being rejected by the High Court, the suitable and relevant provision to move the
Court is provided;-
under THE APPELLATE JURISDICTION ACT, CAP 141.
s.5(1)(c) “In civil proceedings, except where any other written law for the time being in
or finding of the High Court.”
d) An Application for a Certificate of point of law to the High Court for the matter originated from
the Primary Court. The suitable provision to move the Court is provided;-
under THE APPELLATE JURISDICTION ACT, CAP 141.
s.5(2)(c) “no appeal shall lie against any decision or order of the High Court in any
proceedings, unless the High Court certifies that a point of law is involved in the decision or
order.”
By Solicitor Katura
e) An Application for a Certificate of point of law to the High Court (Land Division) for the
matter originated from the Ward Tribunal. The suitable provision to move the Court is provided;-
Under THE LAND DISPUTES COURTS ACT, CAP 216.
47.(2) “Where an appeal to the Court of Appeal originates from the Ward Tribunal, the
appellant shall be required to seek for the Certificate from the High Court (Land Division)
certifying that there is point of law involved in the appeal.”
COMMENCEMENT OF CIVIL PROCEEDING

CONTENTS
1. Letters of claims/ Demand letter
2. A Suit Against A Government And Local Authority
3. Forms and functions of pleadings
4. How to draft pleadings
1. LETTERS OF CLAIMS/ DEMAND LETTER

Demand Letter - Is a letter stating legal claims which make a demand for performance of some
obligation.
It is not mandatory to write a Demand letter but law says its proper to issue a demand letter if we
need costs in civil cases. After you have instituted the case it is this letter which shows that you
invited the other party to settle the matter, thus Demand letter is the evidence before the Court of
law.
CONTENTS OF DEMAND LETTER

1. Facts establishing your claim – This means the facts that combined to give rise to a legally
enforceable right or judicial action.
2. The legal right interfered – This can either be interference of Tortious, contractual or
business relations etc.
3. The remedy that has to be honored – This is the judicial relief to be honored by the Court
itself like enforcing right, imposing penalty, or nay another Court order.
4. Default clause – This is the clause which tells what to be done when someone fails to
respond with the complains against him in time set by in Demand letter.
By Solicitor Katura
5. Time within which you need a defendant to act – This is whether 7 days, 14 days or 21
days.
2 - A SUIT AGAINST A GOVERNMENT AND LOCAL AUTHORITY

To a Government or Local authorities, a notice of intention to sue is issued and not a Demand
Letter. The Notice serves the same purposes and contents as the Demand letter in private litigations.
It is mandatory to issue a Notice of intention to sue for the Local government or Local Authorities.
For suit against Local government the notice is served to the sued office and copy to Attorney-
General. For suit against the Local Authorities the notice is served to the Director of that Authority.
Failure to issue may lead to struck out for want of Notice as it was brought premature. If the suit
involves Attorney-General, the right Court is High Court.
3 – FORMS AND FUNCTIONS OF PLEADINGS

Commencement of suit as provided;-
Under THE CIVIL PROCEDURE CODE, CAP 33
22. “Every suit shall be instituted by the presentation of a plaint or in such other manner as
any be prescribed.”
All Civil matters governed by CPC are suit and they are commenced by either plaint or other
manner.
FUNCTIONS OF PLEADINGS
1- To inform other part on the nature of the claim.

PALMER VS GUADAGNI, (1906) 2 Ch 494, at 497,
it was stated:
“The pleadings must contain fair and proper notice of the issues intended to be raised. This is
essential to prevent the other party being taken by surprise.”
ESSO PETROLEUM CO LTD V SOUTHPORT CORPORATION (1956)

it was stated:
“it is important to serve other party or notifying other party the nature of the case”
By Solicitor Katura
2- To bring the parties to issues.

3- To control proceeding
4- To facilitate the role of the Court
5- To obtain the right of the parties.
6- To put the issues or matters on record.
CONTENTS OF PLEADINGS
1. Pleadings should contain only material facts and not evidences. This means, the pleading
should contain the "fact probanda"(facts which requires to be proved) and not "fact
probantia"(the evidences of all the facts). The documents attached to pleadings are not
evidences, they will become evidences latter when they are tendered before the Court of law
during hearing. Order VI, Rule 3.
2. The material facts should be stated in paragraphs and numbered. Order VI Rule.3.
3. Pleadings shall contain facts and not matters of law. It is a duty of a court to apply law and
a duty of a plaintiff to state the facts.
4. They have to be signed by both client and his advocate. Order VI Rule 14
5. Pleadings must be verified. Order VI Rule 15
HOW TO DRAFT A BASIC PLAINT FOR BREACH OF CONTRACT
Scenario
In 20th May, 2017 parties entered into a contract for construction of a residential house worth 500m
in Mwanza, the whole amount was paid in the same day, completion date agreed was 19th April,
2018, to date nothing has been done.
1. PLAINT
IN THE HIGH COURT OF TANZANIA

(MWANZA DISTRICT REGISTRY)
AT MWANZA
By Solicitor Katura
CIVIL CASE NO. ..........OF .............2018
BETWEEN
DENIS TEMBA............................................................ PLAINTIFF
AND
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:-
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.
By Solicitor Katura
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.
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 19 th
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

By Solicitor Katura
…........................... ............................
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:

KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.
2. WRITTEN STATEMENT OF DEFENCE (WSD)

AT MWANZA
By Solicitor Katura
CIVIL CASE NO. ..........OF .............2018
Between
DENIS TEMBA.................................................................................................. PLAINTIFF
And
CHACHA CONSTRUCTION LTD................................................... .................DEFENDANT
WRITTEN STATEMENT OF DEFENCE
The Defendant above named states as hereunder:-

1. That, the contents of paragraph 1 of the Plaint are noted.
2. That, the contents of paragraph 2 of the plaint are not disputed served that the address of
service of the defendant for the purpose of this suit shall be under care of:-
HAKMOR ATTONEYS,
KISHIMBA HOUSE,
2nd FLOOR, RWAGASORE STREET,
P.O.BOX 5567,
MWANZA, TANZANIA.
3. That, the contents of paragraph three of the Plaint are strongly disputed and the Plaintiff is
put into strictly proof.
4. That, the contents of paragraph four are disputed except that the defendant agreed that he
entered in the contract with the plaintiff.
5. That, the contents of paragraphs 5, 6, 7 and 8 are strongly disputed and the plaintiff is put to
strict proof thereto.
WHEREFORE; The Defendant prays that this Honourable Court dismisses the Plaintiff's suit in its
entirety with costs.
Dated at ..................... this day of .................,2018

By Solicitor Katura
…................................
PRINCIPAL OFFICER OF THE DEFENDANT
AUTHORIZED TO SIGN AND
DEPOSE TO THE FACT OF THE CASE.
….............................
ADVOCATE FOR THE DEFENDANT
VERIFICATION
I, CHACHA MWITA MARANYA, being the Principal officer of the Company able to depose to
the facts of the case, do hereby verified what is stated herein in paragraph 1, 2, 3, 4, and 5 is true to
the best of my knowledge.

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

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

KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.
DRAWN AND FILED BY:

HAKMOR ATTONEYS,
KISHIMBA HOUSE,
By Solicitor Katura
P.O.BOX 5567,
MWANZA, TANZANIA.
3. NOTICE OF PRELIMINARY OBJECTION WITHIN WRITTEN

STATEMENT OF DEFENSE.

AT MWANZA
CIVIL CASE NO. ..........OF .............2018
Between
DENIS TEMBA.................................................................................................. PLAINTIFF
And
CHACHA CONSTRUCTION LTD................................................... .................DEFENDANT

The defendant named above states as follows:-
NOTICE OF PRELIMINARY OBJECTION

The Notice is hereby given that, on the first day of hearing of this suit or any other date as the case
shall stand adjourned, the defendant shall raise a preliminary objection on a point of law that, the
Court has no jurisdiction. The Court shall bare to be moved to dismiss the suit with costs.
IN THE ALTERNATIVE BUT WITHOUT PREJUDICE TO THE PRELIMINARY

OBJECTION, The Defendant shall state as follows:-
1. That the contents of paragraph 1 of the Plaint are noted.
2. That the contents of paragraph 2 of the plaint are not disputed served that the address of
HAKMOR ATTONEYS,
By Solicitor Katura
KISHIMBA HOUSE,
P.O.BOX 5567,
MWANZA, TANZANIA.
3. The contents of paragraph three of the Plaint are strongly disputed and the Plaintiff is put
into strictly proof.
4. The contents of paragraph four are disputed except that the defendant agreed that he entered
in the contract with the plaintiff.
5. The contents of paragraphs 5, 6, 7 and 8 are strongly disputed and the plaintiff is put to strict
proof thereto.
WHEREFORE;- The Defendant prays that this Honourable Court dismiss the Plaintiff’s suit in its
entirety with costs.
…................................
ABLE TO SIGN AND DISPOSE
TO THE FACT OF THE CASE.
….............................
VERIFICATION
I CHACHA MWITA MARANYA being the Principal officer of the Company able to depose to
the best of my knowledge

..................................................
DEFENDANT
By Solicitor Katura
Presented for filing this ...................day of .......................,2018
..................................
REGISTRY OFFICER

KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.
DRAWN AND FILED BY:

BULUGU LIMBU (ADVOCATE)
HAKMOR ATTONEYS,
KISHIMBA HOUSE, 2nd FLOOR,
RWAGASORE STREET,
P.O.BOX 5567,
MWANZA, TANZANIA.
4. COUNTER-CLAIM WITHIN WRITTEN STATEMENT OF

DEFENSE.
AT MWANZA
CIVIL CASE NO. ..........OF .............2018
Between
DENIS TEMBA............................................................ PLAINTIFF
And
CHACHA CONSTRUCTION LTD........................................... .................DEFENDANT
By Solicitor Katura
The Defendant above named states as hereunder:-

1. That the contents of paragraph 1 of the Plaint are noted.
2. That the contents of paragraph 2 of the plaint are not disputed served that the address of
HAKMOR ATTONEYS,
KISHIMBA HOUSE,
P.O.BOX 5567,
MWANZA, TANZANIA.
3. The contents of paragraph three of the Plaint are strongly disputed and the Plaintiff is put
into strictly proof.
4. The contents of paragraph four are disputed except that the defendant agreed that he entered
in the contract with the plaintiff.
5. The contents of paragraphs 5, 6, 7 and 8 are strongly disputed and the plaintiff is put to strict
proof thereto.
WHEREFORE; The Defendant prays that this Honourable Court dismisses the Plaintiff’s suit in
its entirety with costs.
…................................
ABLE TO DEPOSE TO THE FACT OF THE CASE.
….............................
By Solicitor Katura
VERIFICATION
the best of my knowledge

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

..................................
REGISTRY OFFICER
IN THE ALTERNATIVE BUT WITHOUT PREJUDICE TO THE WRITTEN

STATEMENT OF DEFENCE, The Defendant shall state in the raising of Counter Claim as
follows:-
COUNTER-CLAIM
The Defendant repeats each and all of the foregoing allegations of Defence and Counterclaims from
the Plaintiff as follows:-
1. That, the Defendant by this counterclaim claims against the Plaintiff the sum of Tshs
200,000,000/= Millions being the amount due and owing by the Plaintiff to the Defendant
under the terms of the Charge and the Credit Agreement as at 30th June, 2016 together with
interest thereon at the rate of 20% interest from 1st July, 2016 until payment in full.
2. That, the Defendant avers (alleges) that the Plaintiff has by his own admission
acknowledged the aforesaid debt due and owing to the Defendant.
WHEREFORE; The Defendant by the counterclaim prays that the Plaintiff’s suit against it be
dismissed with costs and that judgment be entered on the counterclaim in the Defendant’s favour
for:-
By Solicitor Katura
1. The sum of Tshs 200,000,000/=Millions together with interest thereupon at the prevailing
commercial rates of interest from 1st July, 2018 until payment in full.
2. Costs of the counterclaim and interest thereupon at such rate and for such period of time as
this Honourable Court may deem fit to grant; and,
3. Such further or other reliefs as may be appropriate in the circumstances.

…................................ ….............................
PRINCIPAL OFFICER OF THE DEFENDANT ADVOCATE FOR
DEFENDANT
ABLE TO SIGN AND DEPOSE TO
THE FACT OF THE CASE.
VERIFICATION
the facts of the case, do hereby verified what is stated herein in paragraph 1 and 2 is true to the best
of my knowledge

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

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

KENYATTA ROAD,
P.O. BOX 64285,
MWANZA, TANZANIA.
By Solicitor Katura
DRAWN AND FILED BY:

BULUGU LIMBU (ADVOCATE)
HAKMOR ATTONEYS,
KISHIMBA HOUSE, 2nd FLOOR,
RWAGASORE STREET,
P.O.BOX 5567,
MWANZA, TANZANIA.
INTERLOCUTORY PROCEEDING
MEANING OF INTERLOCUTORY PROCEEDING

"Interlocutory proceedings" These are proceedings that instituted in the Court of Law for the
purposes of obtaining a temporary order pending determination of the main suit.
OR
"Interlocutory proceedings" are proceedings that deal with the rights of the parties (plaintiff and
defendant) in the interval between the commencement of the civil action and its final determination
(i.e. before the court delivers the final judgment).
THE PURPOSES OF INTERLOCUTORY PROCEEDING

1. Preventing irreparable harm – This is the type of harm that cannot be corrected through
monetary compensation or conditions cannot be put back the way they were.
2. Protect the subject matter of the case – For instance X has disputes with Y on who has the
ownership of the house and X wants to break that house, thus Y decided to go Court to
obtain interlocutory order to stop X from breaking the house pending the main suit of
determination of the owner of the house which is the subject matter.
3. To maintain status quo of the fact – This is to make sure you remain the position you are
as the case is proceeding.
Relevant case
UNIVERSITY OF DAR ES SALAAM V. SYLVESTER CYPRIAN AND 210
OTHERS, [1998] TLR 176
By Solicitor Katura
It was stated that:- “Applications which are considered interlocutory, are those which do
not decide the rights of the parties, but are made for the purposes of keeping things in the
status quo till the rights can be decided”.
THE NATURE OF INTERLOCUTORY ORDERS

1. They are supplementary and they do not compliment.
2. They do not finalize the case.
3. They can not be issued if they have the effect of finalizing the case.
4. They are not appeal-able or review-able or subject to revision.
As according to;
 s.74(2) of CPC CAP 33 “Notwithstanding the provisions of subsection (1) no
appeal shall lie against or be made in respect of any preliminary or interlocutory
decision or order of the District Court, Resident Magistrate’s Court or any other
tribunal, unless such decision or order has effect of finally determining the suit.”
 s.78(2) of CPC CAP 33 “No application for review shall lie against or be made in
respect of any preliminary or interlocutory decision or order of the Court unless
such decision or order has the effect of finally determining the suit.”
 s.79(2) of CPC CAP 33 “Notwithstanding the provisions of subsection (1) no
application for revision shall lie or be made in respect of any preliminary or
interlocutory decision or order of the Court unless such decision or order has the
effect of finally determining the suit.”
 5(2)(d) of the Appellate Jurisdiction Act, 2009 “Notwithstanding the provisions of
subsection (1) no appeal or application for revision shall lie against or be made in
respect of any preliminary or interlocutory decision or order of the High Court
unless such decision or order has the effect of finally determining the criminal
charge or suit”.
N:B: You can appeal , review or make revision for interlocutory orders if that order has the effect
of finalizing the case.
TYPES OF INTERLOCUTORY ORDERS

(UNDER CIVIL PROCEDURE CODE CAP 33)
By Solicitor Katura
1. INTERIM PAYMENT
Meaning; This is amount of money that is paid before the total amount of money owed is decided.
In practice; The plaintiff has filed the Plaint, defendant replied by Written Statement of Defence,
and the plaintiff realized that the defendant has admitted part of the his claims, therefore the
plaintiff can apply for the interim payment judgement of that claim admitted, before they can
proceed with the rest which are not admitted.
ORDER XII. RULE 4. “Any party may at any stage of a suit, where admissions of fact have been
made either on the pleading, or otherwise, apply to the court for such judgment or order as upon
such admissions he may be entitled to, without waiting for determination of any other question
between the parties; and the court may upon such application make such order, or give such
judgment, as the court may think just.”
2. SECURITY FOR COSTS

Meaning; Payment or deposit of money or some form of security in lieu thereof, into court, by a
litigant to secure the payment of such costs if such person does not prevail.
In practice; A security which a defendant in an action may require of a plaintiff who does not
reside within the jurisdiction of the court, for the payment of such costs as may be awarded to the
defendant.
ORDER XXV. RULE 1(1) “Where, at any stage of a suit, it appears to the court that a sole
plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are residing out of
Tanzania, and that such plaintiff does not, or that no one of such plaintiffs does, possess any
sufficient immovable property within Tanzania other than the property in suit, the court may, either
of its own motion or on the application of any defendant, order the plaintiff or plaintiffs, within a
time fixed by it, to give security for the payment of all costs incurred and likely to be incurred by
any defendant.”
3. ARREST BEFORE JUDGEMENT

ORDER XXXVI. RULE. 1. Where at any stage of a suit, other than a suit of the nature referred
By Solicitor Katura
to in paragraphs (a) to (d) of section 14, the court is satisfied, by affidavit or otherwise-
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the court or to
obstruct or delay the execution of any decree that may be passed against him
(b) the court may issue a warrant to arrest the defendant and bring him before the court to show
cause why he should not furnish security for his appearance
4. ATTACHMENT BEFORE JUDGEMENT

In practice; the plaintiff realized that the defendant is about to run away, selling or disposes his
property, or is about to remove whole or any part of his property from the jurisdiction limit of the
Court. The plaintiff may apply for the attachment of that property before judgement.
ORDER XXXVI. RULE 6. (1) Where, at any stage of a suit, the court is satisfied, by affidavit or
otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may
be passed against him-
(a) is about to dispose of the whole or any part of his property;
(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction
of the court, the court may direct the defendant, within a time to be fixed by it, either to furnish
security, in such sum as may be specified in the order, to produce and place at the disposal of the
court, when required, the said property or the value of the same, or such portion thereof as may be
sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be
attached and the estimated value thereof.
(3) The court may also in the order direct the conditional attachment of the whole or any portion of
the property so specified.
6. SALE BEFORE JUDGEMENT

In practice; the movable property being the subject-matter of the suit which is subject to any
natural decay, perish or spoil. The plaintiff or defendant may apply for the sale of that good or
property before it dies or expires.
ORDER XXXVII. RULE 7. “The court may, on the application of any party to a suit, order the
sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of
any movable property, being the subject matter of such suit or attached before judgment in such
By Solicitor Katura
suit, which is subject to speedy and natural decay or which for any other just and sufficient cause it
may be desirable to have sold at once.”
6. TEMPORARY INJUNCTION
This is a restraining order or a temporary court order issued to prohibit an individual from carrying
out a particular action, especially approaching or contacting a specified person. This is governed by
the following provisions:-
ORDER XXXVII. RULE 1 & 2 “Where in any suit it is proved by affidavit or otherwise–
(a) that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any
party to the suit of or suffering loss of value by reason of its continued use by any party to the suit,
or wrongly sold in execution of a decree;”
(b) “that the defendant threatens, or intends to remove or dispose of his property with a view to
defraud his creditors, the court may by order grant a temporary injunction to restrain such act or
make such other order for the purpose of staying and preventing the wasting, damaging, alienation,
sale, loss in value, removal or disposition of the property as the court thinks fit, until the disposal of
the suit or until further orders:
Provided that an order granting a temporary injunction shall not be made against the
Government, but the court may in lieu (replace) thereof make an order declaratory of the rights of
the parties.”
2.-(1) “In any suit for restraining the defendant from committing a breach of contract or other injury
of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after
the commencement of the suit and either before or after judgment, apply to the court for a
temporary injunction to restrain the defendant form committing the breach of contract or injury
complained of, or any breach of contract or injury of a like kind arising out of the same contract or
relating to the same property or right:
Provided that no application shall be made for a temporary injunction where the defendant
is the Attorney-General but, in such case, the plaintiff may apply to the court for an order
declaratory of the rights of the parties.”
(2) “In case of disobedience or of breach of any such terms, the court granting an injunction may
order the property of the person guilty of such disobedience or breach to be attached and may also
order such person to be detained as a civil prisoner for a term not exceeding six months, unless in
By Solicitor Katura
the meantime the court directs his release.”
(3) “No attachment under this rule shall remain in force for more than one year, at the end of which
time, if the disobedience or breach continues, the property attached may be sold, and out of the
proceeds the court may award such compensation as it thinks fit, and shall pay the balance, if any,
to the party entitled thereto.”
SECTION 68(c). “In order to prevent the ends of justice from being defeated the court may grant a
temporary injunction and in case of disobedience commit the person guilty thereof as a civil
prisoner and order that his property be attached and sold”
SECTION 95. “Nothing in this Code shall be deemed to limit or otherwise affect the inherent
power of the court to make such orders as may be necessary for the ends of justice or to prevent
abuse of the process of the court.”
GROUNDS OF TEMPORARY INJUNCTION

A Temporary injunction can not be granted if the following conditions are not granted:-
1. Prima facie case – These are facts or evidences which are sufficient to establish a case or
raise a presumption unless disproved or rebutted.
2. Irreparable loss – This is the type of loss which cannot be corrected through monetary
compensation or conditions cannot be put back the way they were.
3. Balance of convenience – This is the relief which is given to the plaintiff, after the plaintiff
proved before the Court of law that is going to suffer more if the order is not granted.
Relevant case
ATTILIO VS. MBOWE (1969) HCD 284.
It was stated that; “It is generally agreed that, there are three conditions which must be
satisfied before such an injunction can be issued:-
1. There must be serious question to be tried on the facts alleged, and a probability that
the plaintiff will be entitled to the relief prayed;
2. That the Court’s interference is necessary to protect the plaintiff from the kind of
injury which may be irreparable before his legal right is established, and
3. That on the balance there will be greater hardship and mischief suffered by the
By Solicitor Katura
plaintiff from the withholding of the injunction than will be suffered by the
defendant from the granting of it.
JAYNDRA KUMAR DEVECHAND DEVANI V. HARIDAS VALLABHDAS BHADRESA

AND BALDEV VALLABHDAS BHADRESA
THE LIFE SPAN OF INJUNCTION
Order XXXVII Rule.3. “In addition to such terms as the keeping of an account and giving
security, the court may by order grant injunction under rule 1 or rule 2 and such order shall be in
force for a period specified by the court, but not exceeding six months: Provided that the court
granting the injunction may, from time to time extend such period for a further period which in the
aggregate shall not exceed one year.”
ISSUING OF NOTICE
Order XXXVII Rule.4. “The court shall in all cases, before granting an injunction, direct notice
of application for the same to be given to the opposite party, except where it appears that the giving
of such notice would cause undue delay and that the object of granting the injunction, would
thereby be defeated”.
CHAMBER SUMMONS
This is a document which is used to bring an existing legal action before the court for orders that are
designed to ready the action for hearing. These may also be known as a chamber application and are
generally supported by affidavits and not spoken evidence.
IN THE DISTRICT LAND AND HOUSING TRIBUNAL OF KINONDONI
AT MWANANYAMALA
MISC. LAND APPLICATION No……… OF 2018

(Originating from Civil Case No.123/2006, before Hon. Kaparata)
By Solicitor Katura
Between
OMAR YUSUPH MWINYI………………………....................……...............……..APPLICANT
And
CHACHA CONSTRUCTION LTD...............................................................….RESPONDENT
CHAMBER SUMMONS
(Made under ORDER XXXVII RULE 1, s.68(c) and s.95 of the Civil Procedure Code Cap 33
and any other enabling provision of the law)
LET ALL PARTIES CONCERNED appear before Honourable..............................CHAIRMAN

sitting in Chambers on the ..................day of.............................2018 at ............... O’ clock afternoon,
thereafter as the Honourable Court may direct so that the Counsel for the Applicant may be heard on
the application for the following orders,
1. That, this Honourable Court be pleased to issue an order for temporary Injunction
restraining the respondent, his agents, workmen, assignee, or any other persons on that
behalf, from demolishing the applicant house at Arusha, pending determination of the main
suit.
2. Cost of this application be provided for.
3. Any other orders or reliefs as this Honourable Court may deem fit to grant.
This Application has been taken out at the instance of GREAT LAW CHAMBERS and is
supported by the annexed affidavit of OMAR YUSUPH MWINYI the Applicant, together with
other grounds as may be adduced at the hearing.
GIVEN UNDER my hand and the seal of this Court this …...............day of …...............2018
...........................................
TRIBUNAL CHAIRMAN
Presented for filing this...............day of ..................................2018

....................................................
TRIBUNAL CLERK

By Solicitor Katura
The Respondent
P.O Box 76630
DAR ES SALAAM.
DRAWN & FILED BY:

Jabiri Katura (Advocate)
KATURA & Co. Advocates
Old GPO Building
1st Floor, Room No. 3
Sokoine Drive/Mkwepu Street
P.O Box 14675
DAR ES SALAAM.
AFFIDAVIT
An affidavit is a written statement from an individual which is sworn to be true it is essentially an
oath that what they are saying is the truth.
IN THE DISTRICT LAND AND HOUSING TRIBUNAL OF KINONDONI
AT MWANANYAMALA
MISC. LAND APPLICATION NO……… OF 2018
Between
OMAR YUSUPH MWINYI………………………..…….................................……..APPLICANT
And
NURDIN SHABANI MKAMA.....................................................................….RESPONDENT
AFFIDAVIT
I, OMAR YUSUPH MWINYI, an adult, Muslim and a resident of Dar es salaam DO HEREBY
MAKE OATH and state as hereunder;-
1. That, I am the Applicant in this matter and thus conversant with the facts that I am about to
depose herein under.
By Solicitor Katura
2. That, I am the lawful owner of the plot of land No 163 under the right of occupancy No…
located at Mbweni area, Malindi, at Kinondoni District with a right of occupancy for a
period of 33 years.
3. That, I acquired the Plot of land since 1 st April 2001 and I was then registered as the official
owner of the property.
A copy of the certificate of title is attached herewith and marked as Annexure
“MAA- 1” and the Applicant seeks for a leave of this Honorable Tribunal to
refer to it and forming part of this Affidavit.
4. That, sometimes in 2013 it came to the knowledge of the applicant that the respondent had
trespassed onto the land of the applicant and had already started constructing a house.
Photos of the building that is on the applicants plot are attached herewith and
marked as annexure “MAA-2” and the applicant seeks for a leave of this
Honorable Tribunal to refer to it and forming part of this affidavit.
5. That, after making several communications with the respondent to stop the construction the
respondent disagreed and with total arrogance continued with the construction.
6. That, on the 9th August 2013 the applicant wrote a letter to the kinondoni municipal council
complaining about the trespass on her land.
A copy of the letter is attached herewith and marked as annexure “MAA-3”and the
applicant seeks for a leave of this Honorable Tribunal to it and forming part of
this affidavit.
7. That, on the 13th August 2013 the kinondoni municipal council summoned the respondent
with a letter with reference no MEK/MB/VO/11/6.The kinondoni municipal council ordered
the respondent to stop construction with immediate effect, an order which the respondent
has disrespectfully disagreed with.
A copy of the letter is attached herewith and marked as annexure “MAA-4”and the
applicant seeks for a leave of this honorable tribunal to it as forming part of this
affidavit.
By Solicitor Katura
8. That, on the 11th December 2013 the kinondoni municipal council authorized the applicant
to construct a fence around the plot.
A copy of the letter from the kinondoni municipal council is attached herewith and
marked as annexure “MAA-5”and the applicant seeks for a leave of this
Honorable Tribunal to it and forming part of this affidavit.
9. That, the respondent has continued with his construction and used his workmen to fill the
fence foundation that was constructed by the applicant.
10. That, the applicant then wrote a letter to the officer commanding district (OCD) of wazo hill
to complain about the respondents act.
A copy of the letter is attached herewith and marked as annexure “MAA-5” and
the applicant seeks for a leave of this Honorable Tribunal to it and forming part
of this affidavit.
11. That, the officer commanding district (OCD) then issued a RB against the respondent.
A copy of the RB is attached herewith and marked as annexure “MAA-6”and the
applicant craves for the leave of this Honorable Tribunal to it as forming part of
this affidavit.
12. That, without this honorable tribunal intervention the respondent will continue developing
the applicants land.
13. That, it is in the interest of justice that this honorable tribunal issues temporary injunction
against the respondent and his workmen to stop construction process pending determination
of the suit.
14. That, the Applicant has filed this Application without unreasonable delay as the Respondent
unlawful occupies the said plot of land therefore the intervention of this Honorable court is
of extreme urgency to ensure that justice is served.
15. That, I make this affidavit in support of the orders sought for in the chamber summons.
By Solicitor Katura
Dated at Dar es salaam this ……. day of …………… 2018

……………………..
DEPONENT
VERIFICATION
I, OMAR YUSUPH MWINYI states that, all what has been stated under paragraph 1, 2, 3, 4, and
5 is true to the best of my own knowledge.
Verified at Dar es salaam this …….. day of ………………. 2018

………………………..
DEPONENT
AFFIRMED at Dar es Salaam by the said

OMAR YUSUPH MWINYI, who is known …………………..
To me /identified to me by…………… DEPONENT
The latter being known to me personally
In my presence this …….day of …. 2014
BEFORE ME:
……………………………………
COMMISSIONER FOR OATHS
Presented for filing this …………. day of ……………………………. 2018

…………………………….
TRIBUNAL CLERK

The Respondent
P.O Box 76630
DAR ES SALAAM.
By Solicitor Katura
DRAWN & FILED BY:
Jabiri Katura (Advocate)
KATURA & Co. Advocates
Old GPO Building
1st Floor, Room No. 3
Sokoine Drive/Mkwepu Street
P.O Box 14675
DAR ES SALAAM.
ASANTE SANA.
By SOLICITOR KATURA.
ALLAH IS EVER ALL KNOWER, ALL WISE.

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Civil Procedure and Practice ;

CIVIL PROCEDURE AND PRACTICE

ESSENTIAL MATTERS TO CONSIDER WHEN INSTITUTING A CIVIL

JOHN M. BYOMBALIRWA v AGENCY MARITIME LTD [1983] TLR 1 (CA)

a) Jurisdiction for the purposes of instituting a fresh civil matter

3. SUBJECT-MATER JURISDICTION - This is the authority of a court to hear cases of a

b) Jurisdiction for other purposes

4. EXTENDED JURISDICTION: This is the power given to a resident magistrate to hear

5. REVISIONAL JURISDICTION (SUPERVISORY POWER): The power of the upper

TRANSPORT EQUIPMENT LTD v DEVRAM P VALAMBHIA (1995) TLR 161

Rationals (logical) of res judicata:-

INGREDIENTS OF RES JUDICATA

PROCEDURES FOR SPECIAL CATEGORIES OF CIVIL

Conditions for filing Representative Suits;-

B:INSTITUTION OF SUMMARY SUIT

C: DEFENDANT SHOWING DEFENCE ON MERITS TO HAVE LEAVE TO APPEAR.

D: POWER TO SET ASIDE DECREE.

E: POWER TO ORDER BIL

B: THIRD PART PROCEDURE -

PROCEDURES FOR INSTITUTING LAND DISPUTES

THE FORUMS (COURTS) OF ADJUDICATION

a)The Village Council (The Village Land Act CAP 114)

References of disputes from council to Court:

b) The Ward Tribunal (Land Disputes Courts Act CAP 216)

Institution of land disputes:

C) The District Land And Housing Tribunal (DLHT) (Land Disputes

Pecuniary Jurisdiction of the DLHT

Hearing & Powers of DLHT

PROCEDURES FOR HANDLING DISPUTES IN DLHT

SAMPLE OF PRESCRIBED FORM No.1 FOR THE TRIBUNAL

IN THE DISTRICT LAND AND HOUSING TRIBUNAL

LAND APPLICATION NO. ………………….. OF 2018

1. Name and Address of the Applicant is:-

2. Name and Address of the Respondent is:

3. Location and address of the suit premises/Land;-

5. Where arrears of rent is an issue. State monthly rent;

6. Cause of Action/ Brief Statement of facts constituting the claim

(b) List of relevant documents to Annexed are:-NIL

Verified at Dar es Salaam this……day of ……………………………..…………..........2018

Presented for filling this………….…day of ……..…………………………………..........2018

DRAWN AND FILED BY:

ii) Issue Of Summons

iii) Service Of Summons

i) Written Statement Of Defence.

ii) Counter Affidavit

iii) Counter Claim

iv) Extension of time

v) Fixing the Date of Hearing

vi) Notice of date of hearing.

vii) Receiving Material Documents

ii) Where Applicant is absent

iii) Where Respondent is absent

iv) Read the Application for Respondent

v) Evidences and submissions

vii) Contents of Judgement

PROCEDURE FOR APPEAL TO AND IN THE COURT OF

TYPES OF APPEAL TO THE COURT OF APPEAL