Advocacy Skills;

by Solicitor Katura.

ADVOCACY SKILLS

ADVOCACY SKILLS IN CIVIL PROCEEDING

ETHICAL STRUCTURES:-
1. Litigation fairness
2. Competence
3. Confidentiality
4. Charge reasonable fees
5. Loyalty

a) Litigation fairness – This include fairness to your client, Court, your fellow advocates and
fairness to yourself as an advocate, fairness may mean the following:-
1. Preparation of an advocate before he or she goes to Court and arriving to Court on time, this
means fairness to yourself as an advocate.
2. Holding brief for your fellow advocate, this means fairness to your fellow advocate.
3. The habit of not misleading the Court and being honest to the Court this means fairness to
the Court.

b) Competence – A lawyer's fundamental ethical duty is to provide competent representation to his

or her clients. This "requires the legal knowledge, skill, thoroughness (great care) and preparation
reasonably necessary" for the engagement. The duty of competence includes the "use of methods
and procedures meeting the standards of competent practitioners."

c) Confidentiality - This means protecting or keeping a client’s information between you and the
client, and not telling others including co-workers, friends, family, etc. Examples of maintaining
confidentiality include:-
1. Client's files are locked and secured
2. Do not tell other people what is in a client’s file unless they have permission from the client.
3. Do not tell what you have discussed with client about his case or what is going on his case
proceedings.
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Types of informations that are considered confidential can include:-
1. Name, date of birth, age, sex and address, current contact details of family, guardian etc
2. Charges and fees
3. Bank details
4. Medical history or records
5. Service records and file progress notes
6. Individual personal plans
7. Assessments or reports
8. Incoming or outgoing personal correspondence.

d) Charge reasonable fees – Lawyers are allowed to bargain with clients as according to
circumstances and nature of a case though there are laws guiding them to charge reasonable fees.
e.g:- 3%, 5%, 7% and 10%.

e) Loyalty – In order for clients to have confidence in the legal system, lawyers must be free from
conflicting interests, in order to promote effective representation. A lawyer is required to be
committed and to act in the best interest of his client. A lawyer owes the client a duty of candour
(honesty).
A lawyer must be able to provide his client with complete and undivided loyalty, dedication, full
disclosure, and good faith, all of which may be jeopardized (in danger) if more than one interest is
represented.

PHASES OF CIVIL PROCEEDING:-

1. PRE-LITIGATION PHASE
2. LITIGATION PHASE
3. EXECUTION PHASE
4. APPELLATE PHASE

1. PRE-LITIGATION PHASE

PRE-LITIGATION PHASE – This begins even before the court process starts and attempts to
resolve the case before it goes through court.
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STAGES OF PRE-LITIGATION:-
1. Meeting client stage
2. Research stage
3. Case analysis stage
4. Legal opinion stage
5. Demand letter stage
6. Informal dispute resolution stage
7. Choice of forum stage
8. Drafting pleadings stage

i) MEETING CLIENTS STAGE – This is divided into two:-

1. Preparations when the client is on his way to the lawyer's office:-
 Appearing attire - That can mean a good standard of dress as you decide what to
wear as Lawyer.
 Conducive environment – This means providing the right conditions for meeting a
client.
 Prepare note taking materials
2. What do we do when the client is in the lawyer's office:-
 Listening skills – This is the ability to accurately receive and interpret messages in
the communication process. Listening is a key to all effective communication.
Without the ability to listen effectively, messages are easily misunderstood.
 Interviewing skills – This is how questions are asked and answers are given.
 Note taking skills – This is the practice of writing down pieces of information in a
systematic way.
 Recording skills
 Counseling skills
 Establishing relationship with client

ii) RESEARCH STAGE

This is the investigation of the case and come up with the following:-
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1. Cause of action – These are the facts which are essential or necessary to prove the case
before the Court.
2. Applicable laws – These are laws, statutes, ordinances, rules or regulations applicable for
determination of the matter.
3. Determination of party to sue (locus stand) - This is the practice of choosing the right or
proper party to be sued or the party which has capacity to appear before a court of law.
4. Determination of forum – This is the practice of choosing the right court in which to bring
an action from among those courts that could properly exercise jurisdiction.

iii) CASE ANALYSIS STAGE

Case analysis - This is that which helps a lawyer to prepare himself well for the Civil trial or before
Civil litigation. The Case analysis mainly depends on the Cause of action.
Cause of Action – This can mean the essential facts which are necessary to prove before he
can succeed in the law suit. As it was explained in the case of ;

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

KISANGA JA said that;
“The expression "cause of action" is not defined under the Code of Civil Procedure, but it may be
taken to mean essentially facts which it is necessary for the plaintiff to prove before he can succeed
in the suit”.

IMPORTANCE OF CAUSE OF ACTION

1. THE CIVIL PROCEDURE CODE CAP 33. Order VII Rule 1(e) The plaint shall
contain the facts constituting the cause of action and when it arose.
2. THE CIVIL PROCEDURE CODE CAP 33. Order VII Rule 11(a) The plaint shall be
rejected where it does not disclose a cause of action.
3. THE LAW OF LIMITATION ACT CAP 89. Section 5. Subject to the provisions of this
Act the right of action in respect of any proceeding, shall accrue on the date on which the
cause of action arises.

ELEMENTS OF CAUSE OF ACTION IN DIFFERENT CASES

A. NEGLIGENCE
1. Duty of care
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2. Breach of duty
3. Damages suffered

B. CONTRACT
1. Validity of contract
2. Breach of contract
3. Damages suffered

C. MALICIOUS PROSECUTION
1. Plaintiff is prosecuted by defendant
2. Absence of reasonable and probable cause
3. Malicious intention
4. Damages and loss

D. DEFAMATION
1. The statement must be defamatory
2. The statement must be directed to the plaintiff
3. The statement must be defamatory.

EXAMPLE OF CASE ANALYSIS CHART

BETWEEN
LAKE FISHERIES
AND
KATURA LOGISTICS LTD

CLIENT; Jabiri Yusuph (Managing Director of Lake Fisheries)

OPPONENT; Katura Katura (Managing Director of Katura Logistics)
CAUSE OF ACTION; Negligence
ELEMENTS OF FACTS TO AVAILABLE EVIDENCES TO BE
CAUSE OF ACTION ESTABLISH EVIDENCES OBTAINED
Duty of Care - Defendant owned a - The police report or
duty of care sketch map.
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- Medical report
Breach of Duty of Care - The defendant failed - The broken leg
to control his car until
it knocked the Plaintiff.
Damages suffered Or - The plaintiff's leg was - Medical expenses
Loss suffered broken due to the
negligence of the
defendant.

CASE THEORIES & CASE THEMES

CASE THEORIES – These are the facts which can be proved or disproved at trial. OR This is
the best explanation of the available evidence logically showing why your client should win the
case.

Example of the Case theory;

“The Defendant drove the Car negligently, which had no good maintenance and did not see
the three people who were riding bicycle at the road side. At the result of this negligence, he
knocked them all and one of them was killed, therefore he is entitled to compensation.”

CASE THEME – This is the convincing thread that explains your theory and inform all aspects of
your case presentation.
The Case theme should have emotional elements and must be memorable to the Court. The
Case theme is that which can make the Court think positive on your emotions. The purpose of the
Case theme is to try to have major impact on the Court.

Example of the Case theory;

“The careless driver not only caused death of the deceased but also prevented deceased
family from any compensation and left them suffering for all this time”.

Relevant case;
MOHAMED KATINDI AND ANOTHER v REPUBLIC (1986) TLR 134 (HC)
LUGAKINGIRA J stated that;
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“It is an obligation of the Defence Counsel in duty to his client and as an officer of the Court to
indicate in Cross-Examination the theme of his client’s defence”.

iv) LEGAL OPINION STAGE

Legal Opinion - Is a written explanation or legal advice on a point of law by a lawyer (advocate)
after making research and analysis of the case. Here the lawyer explains the following to client;-
1. Legal issues arose,
2. Position of the law and the
3. Conclusion.

v) DEMAND LETTER STAGE

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. Within the Demand
letter, a lawyer should set out the following:-
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.
5. Time within which you need a defendant to act – This is whether 7 days, 14 days or 21
days.

vi) INFORMAL DISPUTE RESOLUTION STAGE

Informal Dispute Resolution - This happens when other side decides to call the side from which
demand letter is issued for settling down the claims.

vii) CHOICE OF FORUM STAGE

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Forum - This is a particular Court or jurisdiction on which a particular matter or dispute arose
should be litigated.

Viii) DRAFTING OF PLEADINGS STAGE

Pleadings is defined under CIVIL PROCEDURE CODE CAP 33 Order VII Rule 1- "Pleading"
means a plaint or a written statement of defence (including a written statement of defence filed by a
third party) and such other subsequent pleadings as may be presented in accordance with rule 13 of
Order VIII.

2. LITIGATION PHASE

LITIGATION IS DIVIDED INTO TWO:-

1. Adversarial System
2. Alternative Disputes Resolution

A: ADVERSARIAL SYSTEM
This is the legal system used in common law countries which involves litigation of the
parties' case or position before an impartial person or persons, usually magistrate, a jury or judge,
who attempt to determine or decide the truth basing on the evidences adduced and pass judgment
accordingly.

STAGES OF ADVERSARIAL SYSTEM

a) PLEADINGS STAGE
1. Plaint
2. Written statement of defence
3. Counter claim
4. Set-off

1. PLAINT – This is a pleading served by the plaintiff in a Court action containing the allegations
made against the defendant and the relief sought by the plaintiff.
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CONTENTS OF PLAINT
CPC CAP 33 ORDER VII RULE 1.
The plaint shall contain the following particulars;-
(a) the name of the court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed or relinquished; and
(i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of
court fees, so far as the case admits.

SAMPLE OF A PLAINT

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA
(MWANZA DISTRICT REGISTRY)
AT MWANZA

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

BETWEEN
DENIS TEMBA............................................................ PLAINTIFF
AND
CHACHA CONSTRUCTION LTD........................................... .................DEFENDANT

PLAINT
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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 under 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 business at Mwanza and his proper address for service and purpose of this suit
shall be communicated to the Court process server in due cause.

The plaintiff's claim

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.

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
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April, 2018, to date nothing has been done.

Indication of loss and damage.

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 MWANZA this .......... day of --------------2018

…........................... ............................
PLAINTIFF PLAINTIFF'S ADVOCATE

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

2. WRITTEN STATEMENT OF DEFENCE – Is a defendant's written answer or reply to a

statement of claim (Plaint), admitting or denying each and every one of the facts contained in the
statement of claim (Plaint) and alleging such facts as the defendant wishes to assert at trial in
opposition to the plaintiff's case.

As under CPC CAP 33 ORDER VIII RULE 1.-(1) Where a summons to appear has been issued,
the defendant may, and if so required by the Court shall, within seven days before the first hearing,
present a written statement of his defence.

SAMPLE OF A WRITTEN STATEMENT OF DEFENCE

THE UNITED REPUBLIC OF TANZANIA

IN THE HIGH COURT OF TANZANIA
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(MWANZA DISTRICT REGISTRY)
AT MWANZA

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

BETWEEN
DENIS TEMBA............................................................ PLAINTIFF
AND
CHACHA CONSTRUCTION LTD........................................... .................DEFENDANT

WRITTEN STATEMENT OF DEFENCE

The defendant herein states as follows;-

1. That, the contents of paragraph 1 & 2 of the Plaint are noted, save that the Defendant's
address shall be in the care of:-
KATURA & CO ADVOCATES
P.O.BOX 9282
Ruaha Street, Plot No. 1777
P.O. Box 79633,
Dar es Salaam.
2. That, the contents of paragraph 3 of the Plaint are denied. The Defendant denies claims and
liability as alleged.
3. That, the contents of paragraph 4 are noted.
4. That, the contents of paragraph 5 and 6 are disputed and Plaintiff is put into strictly proof.
5. That, the contents of paragraph 7 of the Plaint are disputed. The Defendant denies liability
for any losses and damages alleged to have been suffered by Plaintiff.
6. That, save to the Jurisdiction of the Court, the contents of paragraph 8 of the Plaint are
disputed.

WHEREFORE, the Defendant prays for dismissal of the suit with costs.

DATED at MWANZA this.........day of..................2018

….....................…...................
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PRINCIPLE OFFICER OF THE DEFENDANT
DULY AUTHORIZED TO SIGN AND ABLE
TO DEPOSE TO THE FACTS OF THE CASE.

….......................
ADVOCATE FOR THE DEFENDANT

VERIFICATION
I , PETER MABULA, the Managing Director of the Defendant herein, do hereby verified that
what is stated in paragraphs 1, 2, 3, 4, 5, and 6 is true to the best of my knowledge.

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

….........................
PETER MABULA

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

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

COPY TO BE SERVED UPON:

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

DRAWN AND FILED BY:

MUGISHAGWE KHAMISI (ADVOCATE)
KATURA & CO ADVOCATES
P.O.BOX 9282
Ruaha Street, Plot No. 1777
P.O. Box 79633,
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Dar es Salaam.

b) FIRST PRE-TRIAL CONFERENCE STAGE

First Pre-Trial Conference – This is a first meeting of the parties to a case conducted prior to trial
after the Plaintiff has filed a Plaint and the Defendant has been given a summons to appear before
the Court. The conference is held before the trial judge or a magistrate.

Conditions for the First Pre-Trial Conference

1. The Plaintiff filed a Plaint.
2. The Defendants' summons to appear before the Court has been issued.
3. Defendant filed a Written statement of defence.
4. There must be contentions (disputed) matters in a suit.

As under CPC CAP 33 ORDER VIIIA RULE 1. The rules provided under this order shall not
apply to the following:-
(a) a suit in which summons to appear is issued to the defendant under paragraph (a) of rule 1
under Order V and no written statement of defence is filed pursuant to the provisions of sub-rule
(1) of rule 1 under Order VIII; or
(b) a suit in a non-contentions matter.

PROCEDURE FOR THE PRE-TRIAL CONFERENCE

The First Pre-Trial Conference shall be held within a period of twenty-one days after the
conclusion of pleadings for the purposes of either:-
1. Determine the speed truck of the case,
2. Determine the case through Mediation or
3. Other procedures not involving a trial.

As under CPC CAP 33 ORDER VIIIA RULE 3(1) In every case assigned to a specific judge or
magistrate, a first scheduling and settlement conference attended by the parties or their recognised
agents or advocates shall be held and presided over by such judge or magistrate within a period of
twenty-one days after conclusion of the pleadings for the purpose of ascertaining the speed track of
the case, resolving the case through negotiation, mediation, arbitration or such other procedures
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not involving a trial.
(2) In ascertaining the speed track of the case, the presiding judge or magistrate, shall after
consultation with the parties or their recognised agents or advocates, determine the appropriate
speed track for such a case and make a scheduling order, setting out the dates or time for future
events or steps in the case, including preliminary applications, affidavits, counter affidavits and
notices, and the use of procedures for alternative disputes resolution.

SPEED TRACK OF CASES

As under CPC CAP 33 ORDER VIIIA RULE 3(3). The appropriate speed track of a case shall
be determined as follows-
(a) Speed Track One shall be reserved for a case considered by the judge or magistrate to be fast
cases, capable of being or are required in the interests of justice to be concluded fast within a
period not exceeding ten months from commencement of the case;
(b) Speed Track Two shall be reserved for cases considered by the judge or magistrate to be
normal cases capable of being or are required in the interests of justice to be concluded within a
period not exceeding twelve months from commencement of the case;
(c) Speed Track Three shall be reserved for cases considered by the judge or magistrate to be
complex cases capable of being or are required in the interests of justice to be concluded within a
period not exceeding fourteen months;
(d) Speed Track Four shall be reserved for cases considered by the judge or magistrate to be
special cases which fall in none of the three above mentioned categories but which nonetheless
need to be concluded within a period not exceeding twenty-four months.

ORDER VIIIA OF THE CIVIL PROCEDURE CODE does not prohibits the court to hear the
case where Speed Track has not been determined or fixed.

RELEVANT CASE

Mgana v Palav and Others (HC. CIVIL CASE NO. 112 OF 2000)
It was Held that; At any rate, there is no provision under 0. VIII A of the Civil Procedure Code
which prohibits the court to hear the case where no Speed Track has not been determined. In this
particular case, as no Speed Track was ever fixed, it would be unfair to say that such period has
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expired and to require the plaintiff to apply before this court for extension of time within which this
court should finalize his case.

ORDER VIII A RULE 4. “Where a scheduling conference order is made, no departure from or
amendment of such order shall be allowed unless the court is satisfied that such departure of
amendment is necessary”.

RELEVANT CASES
TANZANIA FERTILIZER CO; LTD. VS NATIONAL INSURANCE CORPORATION
LTD. AND ANOTHER (UNREPORTED) COMMERCIAL CASE NO. 71 OF 2004.
Held:-
In which Massati, J. as he then was held inter-alia that if a party finds that the deadline for the
realization of his case is about to expire, he is legally bound to seek extension or amendment of the
Scheduling Order well before its expiry and that if it expires his duty is to apply for extension of
time for filing an application for departure.

Mwanza City Engineer & Another vs Anchor Traders Ltd. High Court Civil Appeal No. 17 of
2005 (unreported)
Held;-
It was held that in which Madame R.M. Rweyemamu, J. declared the proceedings of the District
Court of Mwanza in Civil Case No. 88 of 1998 which were conducted after the expiration of the
Speed Track which had been fixed to conclude the same as a nullity.

Msaka vs Peter Massawe and Another. High Court Civil Case No. 124 of 1998 (unreported)
Held:-
Madame N.P. Kimaro, J. declared that the suit is struck out on grounds that the period scheduled for
finalization of the suit had expired and the plaintiff had not sought leave to extend the same.

c) MEDIATION STAGE
Mediation – This is a form of alternative dispute resolution (ADR) in which disputing parties reach
an agreement on their own. There is a neutral third party called the mediator, guiding the entire
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process.

As under ORDER VIIIC RULE 1. Where negotiation or mediation or other similar alternative
procedure for resolving the matters in dispute between the parties is directed by the court under a
scheduling order made under sub-rule (2) of rule 3 of Order VIIIA or under sub-rule (1) or rule 3 of
Order VIIIB, such negotiation, mediation or similar alternative procedure, other than arbitration,
shall be conducted in accordance with directions issued by the Chief Justice.

d) FINAL PRE-TRIAL CONFERENCE STAGE

Final pretrial - This is where the parties inform the court whether the case is ready for trial, and if
a settlement is reached.

PROCEDURE FOR FINAL PRE-TRIAL CONFERENCE

A Final Pre-Trial Conference shall be held, presided over by the judge or magistrate assigned to
try the case for the purpose of:-
1. Giving the parties a last chance to reach an amicable settlement of the case
2. Enabling the Court to schedule the future events.
The court shall be guided by the Speed Track to which the specific case is allocated. The
conference shall be held within a period not exceeding thirty days, forty days or sixty days from
the time of full compliance with the first pre-trial conference order. Where an amicable settlement
of the case is not reached the judge or magistrate after consultation with the parties or their
advocates shall frame issues and fixing the trial date or dates.

As under ORDER VIIIB RULE 3.-(1) Where, after full compliance with the directions made
under sub-rule (2) of rule 3 of Order VIIIA, the case remains unresolved, a final pre-trial settlement
and scheduling conference shall be held, presided over by the judge or magistrate assigned to try
the case for the purpose of giving the parties a last chance to reach an amicable settlement of the
case and for enabling the Court to schedule the future events and steps which
are bound or likely to arise in the conduct of the case, including the date or dates of trial.
(2) In making a final pre-trial conference order, the court shall be guided by the Speed Track to
which the specific case is allocated.
(3) The final pre-trial settlement and scheduling conference shall be held within a period not
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exceeding thirty days, forty days or sixty days from the time of full compliance with the first pre-
trial conference order in respect of cases allocated to Speed Track One, Two or Three respectively.
(4) Where an amicable settlement of the case is not reached pursuant to the provisions of sub-rule
(1) of this rule, the judge or magistrate presiding at such conference, shall, after consultation with
the parties or their recognised agents or advocates, make a final pre-trial conference order therein
framing the issues according to provisions of Order XVII of this Code, and fixing the trial date or
dates and generally providing for matters necessary for the expeditious trial of the case according
to the relevant Speed Track.

e) HEARING STAGE
Examination of Witnesses – This is the process of adducing relevant evidences from witnesses in a
court of law.

TYPES OF EXAMINATION OF WITNESSES

A. EXAMINATION IN-CHIEF – This is the questioning of a witness which is done by the party
who called him or her in a trial to testify for his side. The purposes is to show documentary and
other evidences.
Here is where you obtain evidences from your own witnesses. You need to ensure that your
witnesses give clear evidence and that they do not talk too fast in order that notes can be taken.
Ensure the witness faces the Judge when answering questions and is not looking at you. This will
enhance the quality of their evidence. When asking your witnesses questions, you need to try to
elicit from them only the evidences that are relevant. Always therefore bear in mind why you are
asking your witness a particular question and what is you want to hear from them.

Examination in-chief rules:-

1. Preparations – Advocate must study the whole case to make sure that he is familiar with
the case
2. Asking questions which are in chronological order or sequences – Here the Advocate
should not ask questions randomly, he should ask questions following the events of the
story, starting from the beginning to the end.
3. Asking non-leading questions – These are questions which do not suggest the answers to
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the witness e.g:- “What happened when you reached at Ubungo Bus Stop?” this type of
question doesn't suggest the answer to the witness but the witness will answer the question
basing on his knowledge.
There are exceptions of asking leading question as follows:-
(a) In preliminary or introductory matters like: What is your name? What is your
age? Where are you living? What do you do for a living?
(b) To confirm the matters which already been said by the witness like; You said that
your brother was present, isn't it?
(c) When a witness turns a hostile witness. This is a witness you called to help to build
up your case but in the trial he becomes your enemy, in this case your allowed to
seek for a leave from the Court to declare the witness on your side as hostile witness
then you can be allowed to cross-examine him and asking leading questions.
4. Controlling your witness – An advocate is not supposed to leave the witnesses to speak
everything what comes in their mind, because not everything what the witness knows is
relevant before the Court of law.
5. Structure your witness – Advocate should guide his witness, direct and making him speak
logical.
6. Ensure all relevant documents are tendered by witness – It is witness who supposed to
tender documents (evidences) and not Advocate. And it is only on examination in chief
where the exhibits are tendered. Before the witness tenders the document, make sure the
document is admissible and the witness is competent to tender it, then after being admitted
let the witness explains something about it. Never say something about exhibits before it is
admitted by the Court because when tendering the document (evidence) the other side may
rise objections on the admissibility of that document or the competence of that witness.

B. CROSS-EXAMINATION – This is the examination of a witness who has already been testified
in order to check or discredit the witness's testimony, knowledge, or credibility compare to
examination in chief.

Purposes of Cross-Examination:-
1. To test the truth, knowledge and credibility of the witness.
2. To destroy and contradict the witness thus letting down the other side.
3. To question the legal competence of the witness to testify and tendering documents.
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4. To weaken the testimony given in the examination in chief.
5. To build and establish your own case

Cross-Examination rules:-
1. Preparations – Advocate must study the whole case to make sure that he is familiar with
the case.
2. Leading questions are allowed – Advocate should prefer to ask leading question in this
stage though non-leading questions are also allowed but they are not advised. Leading
questions are good because they attract the answer of yes or no. Advocate is also advised to
not use questions which start with WHO, WHICH, WHY, WHEN, HOW And WHERE
because they give room to the witness to give explanations.
3. Never allow the witness to explain anything – If you find in Cross-Examination the
witness has been given a chance to explain, mark that the cross-examination has failed.
4. Organize your questions – Advocate supposed to ask series of questions which drive to a
certain conclusion, this means is supposed to ask questions which are related or show a
certain way to go.
5. Never ask questions you don't know the answer – Whatever the answer that witness can
give you, you are supposed to have the ability to challenge.
6. Don't repeat questions – Repeating questions shows the lack of preparations as well lack of
competence before the Court of law, and disgusting your client who is present in the Court
room.
7. Don't argue with the witness – Advocate should not argue with witness until he says Yes
or No and use logical to show the Court that he is wrong through asking him more
questions.
8. Don't ask questions which attacking the personality of a person - In cross-examination
you are allowed to ask any type of questions but subject to the relevant questions which do
not attack the personality of witness e.g:- Abusive questions and privacy of a witness.
9. Strong questions should be at the end – It is advised for the advocate toward the end of
his cross-examination to reserve the strong questions to be asked at the end so that he can
end up with on a high note which can be memorable before the Court.
10. Be logical – Don't just ask questions for the sake of asking, ask questions which are sense
to any reasonable person.
11. Write down the cross-examination questions from other side – It is advised for the
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advocate to identify or note down the cross-examination questions of opponent so that they
can help him to discover weaknesses of other side and building up his case when it comes
his time to for cross-examination.
12. It is allowed to tender document in cross-examination – Here u may use the witness of
the other side to ask the Court to allow him to tender document which is in his supervision.

C. RE-EXAMINATION – This is the examination of witness for the parties which called the
witness for the purposes of building the case and to cure any damage which was caused in the
Cross-Examination.

Re-Examination rules:-
1. No leading questions allowed.
2. No tendering of documents.
3. Nothing new should be asked here.
4. Ask witness to clarify on his own words certain areas which were damaged or destroyed in
the cross-examination.

f) FINAL SUBMISSION STAGE

Final Submission - This is done after the parties have closed their cases, it is their right to submit.
In most cases the submission are done by lawyers because a layman can not do submission as it
needs citations of different authorities, provisions and cases which are relevant to the matter at
Court.

As under CPC CAP 33 ORDER XVIII RULE 2-(1) “On the day fixed for the hearing of the suit
or on any other day to which the hearing is adjourned, the party having the right to begin shall state
his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then address
the court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.”
The above Order of the CPC means that it is a defendant who starts to submit and it is here
whereby provisions and cases will be cited, and these provisions and cases cited must be relevant to
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the matter at Court. Submissions can either be Orally or Written.
After the Defendant has submitted then it is a Plaintiff to submit and it is a defendant who is
going to make a reply for that submission.

g) JUDGEMENT STAGE

Judgment - As under CPC CAP 33 s.3 “"judgment" means the statement given by a judge or a
magistrate of the grounds for a decree or order.” Judgment is final decision in the disputed case.

a) Contents of the Judgment

As under CPC CAP 33 ORDER XX RULE 4. “A judgment shall contain a concise statement of
the case, the points for determination, the decision thereon and the reasons for such decision.”

b) Frame of issues
As under CPC CAP 33 ORDER XX RULE 5. “In suits in which issues has be been framed, the
court shall state its finding or decision, with the reason therefore, upon each separate issue unless
the finding upon any on or more of the issues is sufficient for the decision of the suit.”

c) Judgment shall be written in a language of the Court

As under CPC CAP 33 ORDER XX RULE 3. “The judgment shall be written by, or reduced to
writing under the personal direction and superintendence of the presiding judge or magistrate in
the language of the court”.

d) Dated and signed

CPC CAP 33 ORDER XX RULE 3. “The judgment shall be dated and signed by such presiding
judge or magistrate”

e) Judgment shall be pronounced in an open Court

CPC CAP 33 ORDER XX RULE 3. “The judgment shall be pronounced in open court and, when
once signed, shall not afterwards be altered or added to”

3. EXECUTION PHASE
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EXECUTION - This is a court order granted to put in force a judgment of possession obtained by a
plaintiff from a court. When issuing a writ of execution, a court typically will order Court broker or
other similar official to take possession of property owned by a judgment debtor.

MODES OF EXECUTING
1- Attachment and sale – This is a court order to "attach" or seize an asset and sale. Every sale in
execution of a decree shall be conducted by an officer of the court or by such other person as the
court may appoint in this behalf, and shall be made by public auction in the manner prescribed. The
writ of attachment is issued in order to satisfy a judgment issued by the court.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXI RULE 63. “Any court
executing a decree may order that any property attached by it and liable to sale, or such portion
thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such
sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive
the same.”

ORDER XXI RULE 64. “Save as otherwise prescribed, every sale in execution of a decree shall
be conducted by an officer of the court or by such other person as the court may appoint in this
behalf, and shall be made by public auction in the manner prescribed.”

2. Seizure and Delivery - This is the act of law enforcement officials taking property, including
cash, real estate, vehicles, etc., that has been used in connection with a matter disputed before the
Court.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXI RULE 77.-(1) “Where the
property sold is movable property of which actual seizure has been made, it shall be delivered to
the purchaser.”

ORDER XXI RULE 80.“Sales of immovable property in execution of decrees may be ordered by
any court.”

3. Arrest and Detention – The arrest and detention is also a mode of enforcing the decree of a civil
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court. It depends on the decree holder whether he wants to opt for this mode of execution. When the
judgment debtor refuses to pay the money or does not comply with the court’s order, then the
decree holder can enforce it through arrest. Before ordering arrest, a court must record its reasons in
writing for doing so. However, it just be noted that mere inability to pay will not lead to an arrest.
There are also certain restrictions with respect to persons who can be arrested.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXI RULE 35.-(1) “where an
application is for the execution of a decree for the payment of money by the arrest and detention as
a civil prisoner of a judgment debtor who is liable to be arrested in pursuance of the application,
the court may, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear
before the court on a day to be specified in the notice and show
cause why he should not be committed to prison.
(2) Where appearance is not made in obedience to the notice, the court shall, if the decree holder so
requires, issue a warrant for the arrest of the judgment debtor.

4. Appointment of a receiver - A receiver is appointed to preserve property during litigation

between two parties who appear to have an equal right to use the property but who are unwilling to
acknowledge each other's interest. A judge can appoint a receiver following the filing of an
application, or petition, with the court.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXXVIII RULE 1.-(1)
“Where it appears to the court to be just and convenient, the court may, by order, do any of the
following-
(a) Appoint a receiver of any property, whether before or after decree;
(b) Remove any person from the possession or custody of the property;
(c) Commit the property to the possession, custody or management of the receiver;
(d) Confer upon the receiver all such powers, as to bringing and defending suits and for the
realisation, management, protection, preservation and improvement of the property, the collection
of the rent and profits thereof, the application and disposal of such rents and profits, and the
execution of documents as the owner himself has, or such of those powers as the court thinks fit.”

5. A Garnishee Order - This is a common form of enforcing a judgment debt against a creditor to
recover money. Put simply, the court directs a third party that owes money to the judgement debtor
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to instead pay the judgment creditor. The third party is called a 'garnishee'.

6. Demolition – This is the decision or order of the Court to break down the house built on the land
of decree holder.

EXECUTION PROCEDURE
It is done by filing a prescribed form no.C/3 which is found in Civil procedure
Code(prescribed form 2018). The form must be accompanied by decree, and once this is filed the
will be be given a summons to appear before the Court.
Hearing of the Application is done before the Regional Magistrate in-charge for the
subordinate Courts, and for the High Court is done before the Registrar. The Court brokers are the
one who executing the orders of the Court.

REMEDIES OF EXECUTION
1. Objection proceedings – These are objections which are brought by a third party who was not
involved in the case but his property was attached in the execution. The application for objection is
applied through Chamber summons and affidavit. When the objection is rejected the remedy is not
to appeal but to file a fresh case.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXI RULE 57.-(1) “Where any
claim is preferred to, or any objection is made to the attachment of, any property attached in
execution of a decree on the ground that such property is not liable to such attachment, the court
shall proceed to investigate the claim or objection with the like power as regards the examination of
the claimant or objector and in all other respects, as if he was a party to the suit”.

2. Stay of execution – This is a court order to temporarily suspend the execution of a court
judgment or other court order. This is the remedy which is available to the judgement debtor to stop
execution of a decree pending on an appeal or revision. This application is done through Chamber
summons and Affidavit.

Grounds for stay of execution in your Affidavit

1. High chances of success – The Judgement debtor should explain in his affidavit why he
should be given “stay execution” pending appeal or revision, and that there is possibility or
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sufficient reasons of wining the appeal or revision.
2. Balance of convenience – The judgment debtor should prove that he is going to suffer more
if the order is not granted.
3. Irreparable loss – The judgement debtor should be able to prove that there is a type of loss
which cannot be corrected through monetary compensation or conditions cannot be put back
the way they were.

As under THE CIVIL PROCEDURE CODE CAP 33. ORDER XXI RULE 24.-(1) “The court
to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the
execution of such decree for a reasonable time, to enable the judgment debtor to apply to the court
by which the decree was passed or to any court having appellate jurisdiction in respect of the
decree or the execution thereof, for an order to stay execution or for any other order relating to the
decree or execution which might have been made by such court of first instance or appellate court if
execution had been issued thereby, or if application for execution had been made thereto.”

RELEVANT CASE
KHADIJA ABDALLAH v. AJESH VAJA AND TWO OTHERS (1996) TLR 126 (HC)
It was held that:- “No sufficient explanation was given as to why the application for stay of
execution was brought before the executing court. The order of the Resident Magistrate's court
staying execution is therefore ultra vires its powers. The Resident Magistrate's order is quashed, and
execution is permitted until such time as a lawful order for stay of execution is issued.”

3. Set aside the sale – When the execution is done and the property already sold to other party, here
the judgement debtor can apply for set aside the sale, and this application can be done through
Chamber summons and affidavit.

Grounds for set aside the sale

1. That procedures for selling the property were not followed.
2. That the auctioneers sold the property to themselves or to their own relatives.
3. That the property sold on the lowest value.

4. Lifting the attachment – A judgement debtor can apply for lifting the attachment of the property
thinks it is incorrect to attach.
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EXECUTION AGAINST THE CENTRAL GOVERNMENT

If a person has won a decree against the government, he or she can not use the normal
procedure for execution of his right. The decree holder will be required to write a letter to a
treasurer registrar for a request to pay him back.

4. APPELLATE PHASE

Appellate - This is a process of re-examination of the judgment and decree, or order or the
decisions passed by the original court is a suit or in a case. The expression “appeal” has not been
defined in the code, but it may be defined as “the judicial examination of the decision by a higher
court of the decision of an inferior court”.
After the lower court judgment is entered into the record, the losing party (appellant) must
file a notice of intention to appeal if the matter is from subordinate Court to High Court and Notice
of Appeal if the matter is from High Court to Court of Appeal. An Appeal must have a decree and
accompanied by the memorandum of appeal, failure to comply the appeal can be struck out.
In appeal, one is not allowed to raise a new matter, but is supposed to raise the issues
occurred during proceeding except the issue of jurisdiction which can be raised at any time.

Procedure for Appeal:-

This is initiated by notice of intention to appeal accompanied by memorandum of appeal
and it is lodged in the same where decision took place.

As under CPC CAP 33 ORDER XXXIX RULE 1.-(1) Every appeal shall be preferred in the form
of a memorandum signed by the appellant or his advocate and presented to the High Court
(hereinafter in this Order referred to as "the Court") or to such officer as it appoints in this behalf
and the memorandum shall be accompanied by a copy of the decree appealed from and (unless the
Court dispenses therewith) of the judgment on which it is founded.
(2) The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to
the decree appealed from without any argument or narrative; and such grounds shall be numbered
consecutively.
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SAMPLE OF NOTICE OF INTENTION TO APPEAL

IN THE DISTRICT COURT OF KINONDONI

AT KINONDONI

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

[Appeal from the decision of the District Court of Kinondoni at Kinondoni, (Mr. Massati) dated
26th November 2007 in Civil case No. 26 of 2004]

Between
MGISHA JABIRI YUSUPH ……..............................................………………….APPELLANT
And
JOHN GEORGE MASAMAKI……………………………..........................…….RESPONDENT

NOTICE OF INTENTION TO APPEAL

TAKE NOTICE that the above named Appellant being dissatisfied with the whole decision of the
Honourable Mr. Massati Mussa, given at the District Court of Kinondoni at Kinondoni on 26th
April 2018 intend to appeal to the High Court of Tanzania against the whole of the said decision as
decided.

The address of service of the Appellant is in the care of:-

KATURA ATTORNEYS,
8TH FLOOR OF AMANI PLACE,
OHIO STREET,
P.O.BOX 19813,
DAR ES SALAAM

It is intended to serve copies of this notice on:-

MUGANDA, KAMUGISHA & BWANA ADVOCATES

2ND FLOOR AMI BUILDING
SAMORA AVENUE/MKWEPU STREET
DAR ES SALAAM.

Dated this at Dar es salaam this……….. day of…..........2018

……………………………..
Advocate for the Appellants

To: The Court Clerk of the District Court of Kinondoni at Kinondoni.

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Lodged in the District Court of Kinondoni at Kinondoni this……………day of………2018

…………………….
COURT CLERK

DRAWN & FILED BY:-

KATURA ATTORNEYS,
8TH FLOOR OF AMANI PLACE,
OHIO STREET,
P.O.BOX 19813,
DAR ES SALAAM

COPY TO BE SERVED UPON:-

MUGANDA, KAMUGISHA & BWANA ADVOCATES
2ND FLOOR AMI BUILDING
SAMORA AVENUE/MKWEPU STREET
DAR ES SALAAM

APPEAL FROM THE PRIMARY COURT

The procedures are almost the same but Primary Court they have their own Procedures which are
not found in the CPC. The procedure is filing petition of appeal within 30 days from the day of
judgement.

REVIEW
This is done where in the judgment there are some mistakes need to be corrected. The Review is
applied in the same Court and when the Review is rejected you can not have the room for appeal.
As under CPC CAP 33 s.78.-(1) “Subject to any conditions and limitations prescribed under
section 77, any person considering himself aggrieved-
(a) by decree or order from which an appeal is allowed by this Code but from which no appeal has
been preferred; or
(b) by a decree or order from which no appeal is allowed by this Code, may apply for a review of
judgment to the court which passed the decree or made the order, and the court may make such
order thereon as it thinks fit.”

j) REVISION – This is re-working and re-writing. Revision, meaning "to see again," takes place
during the entire writing process as we change words, rewrite sentences, and shift paragraphs from
one location to another in our essay. Revision means the action of revising, especially critical or
careful examination or perusal with a view to correcting or improving.
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In case the Primary Court, the Revision can be done by the District Court. Eg:- In case a Primary
Court entertained the Land matter and decide on it, that decision may be subjected to Revision in
the District Court, because the primary Court has no jurisdiction to entertain a Land matter.

As under CHAPTER 11 THE MAGISTRATES' COURTS ACT s.22(1) A district court may
call for and examine the record of any proceedings in the primary court established for the district
for which it is itself established, and may examine the records and registers thereof, for the
purposes of satisfying itself as to the correctness, legality or propriety of any decision or order of
the primary court, and as to the regularity of any proceedings therein, and may revise any such
proceedings.

In case of the District Court, the Revision can be done by the High Court.
As under CHAPTER 11 THE MAGISTRATES' COURTS ACT s.43(2)Subject to the
provisions of any law for the time being in force, all appeals, references, revisions and similar
proceedings from, or in respect of, any proceedings of a civil nature in a district court or a court of
a resident magistrate which are authorized by law shall lie to and be heard by the High Court.

In Case of the High Court, the Revision can be done by the Court of Appeal.
As under THE APPELLATE JURISDICTION ACT, 2009 s.4(2) For all purposes of and
incidental to the hearing and determination of any appeal in the exercise of the jurisdiction
conferred upon it by this Act, the Court of Appeal shall, in addition to any other power, authority
and jurisdiction conferred by this Act, have the power of revision and the power, authority and
jurisdiction vested in the court from which the appeal is brought.
(3) Without prejudice to subsection (2), the Court of Appeal shall have the power, authority and
jurisdiction to call for and examine the record of any proceedings before the High Court for the
purpose of satisfying itself as to the correctness, legality or propriety of any finding, order or any
other decision made thereon and as to the regularity of any proceedings of the High Court.
N:B:- If a party has a right to appeal and abandoned it, instead wants to exercise Revision, the
Court will not entertain that Revision.

In Case of the Court of Appeal, the Revision can be done by the Court of Appeal.
As under THE TANZANIA COURT OF APPEAL RULES, 2009 RULE 66.-(1) The Court may
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review its judgment or order, but no application for review shall be entertained except on the
following grounds -
(a) the decision was based on a manifest error on the face of the record resulting in the miscarriage
of justice; or
(b) a party was wrongly deprived of an opportunity to be heard;
(c) the court’s decision is a nullity; or
(d) the court had no jurisdiction to entertain the case;
or
(e) the judgment was procured illegally, or by fraud or perjury.

B: ALTERNATIVE DISPUTES RESOLUTION (ADR)

This is the legal system or procedure for settling or solving disputes without involving
litigation of the parties' case or position before an impartial person or persons, usually Mediator or
Arbitrator, who attempt to determine or decide the truth basing on the agreement of the parties. such
as arbitration, mediation, or negotiation.

FEATURES OF ADR
I) RECONCILIATION/NEGOTIATION – This is the process of discussing something with
someone in order to reach an agreement.

The negotiation process can essentially be understood as a four-stage process. The four stages of the
negotiation process are preparation, opening, bargaining and closure.
1. Preparations - Preparation is instrumental to the success of the negotiation process. Being
well-prepared generates confidence and gives an edge to the negotiator.
2. Opening Phase - Here the two sides come face to face. Each party tries to make an
impression on the other side and influence their thinking at the first opportunity.
Psychologically, this phase is important because it sets the tone for the negotiation to a large
extent. It involves both negotiating parties presenting their case to each other.
3. Bargaining - The bargaining phase involves coming closer to the objective you intended to
achieve when you started the negotiation. In this phase, the basic strategy is to convince the
other side of the appropriateness of your demands and then persuading the other party to
concede to those demands. For this, one needs to be logical in one’s approach and frame
clearly-thought-out and planned arguments.
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4. The closure - closing phase of a negotiation represents the opportunity to capitalize on all of
the work done in the earlier phases. The research that has been done in the preparation
phase, combined with all of the information that has been gained is useful in the closing
phase. It also involves the sealing of the agreement in which both parties formalize the
agreement in a written contract or letter of intent. Reviewing the negotiation is as important
as the negotiation process itself. It teaches lessons on how to achieve a better outcome.
Therefore, one should take the time to review each element and find out what went well and
what needs to be improved.

II) MEDIATION – This is the process in which the third party helps parties in disputes to resolve
the problem which is between them. In mediation, the decision is done by the parties themselves but
the mediator is there to facilitate.

HOW MEDIATION IS CONDUCTED?

Steps are as follows:-
1. Preparations And Introductions – Here the The mediator will wait until both parties are
present and then make introductions. The physical setting will be controlled so that no party
feels threatened. Most mediators will ask that if children are present, they wait outside.
2. Opening Statement Or Move - The mediator will then give an opening statement. This
outlines the role of the participants and demonstrates the mediator’s neutrality. Some
mediators will make comments about what they see as the issue and confirm the case data if
briefs have been pre-submitted. The opening statement will set out the ground rules for the
mediation. These ground rules are what help the mediation move along smoothly. The
mediator will usually ask that if attorneys are present, they can confer, but the clients should
speak for themselves. Parties should not interrupt each other; the mediator will give each
party the opportunity to fully share their side of the story. Each party will put forward his
recommendations, views and proposal by expressing them as well as observing the views of
other side with goodwill.
3. Statement Of The Problem By The Parties - After the opening statement, the mediator
will give each side the opportunity to tell their story uninterrupted. Most often, the person
who requested the mediation session will go first. The statement is not necessarily a recital
of the facts, but it is to give the parties an opportunity to frame issues in their own mind, and
to give the mediator more information on the emotional state of each party. If there are
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lawyers present who make the initial statement, the mediator will then ask the client to also
make a statement. The rationale behind the statement of the problem is not a search for the
truth; it is just a way to help solve the problem.
4. Problem Identification – Here the mediator tries to find common goals between the parties.
The mediator will figure out which issues are going to be able to settle or those that will
settle first.
5. Bargaining and Generating Options - The mediator puts a proposal on the table and the
parties take turns modifying it. Once the participants are committed to achieving a
negotiated settlement, the mediator will propose a brainstorming session to explore potential
solutions. This can lead to a final agreement, which diffuses the conflict and provides a new
basis for future relations. The mediator may decide to hold private sessions with both parties
in order to move the negotiations along.
6. Settlement – Here the parties reach on the terms which are agreed by them, when settlement
reached the deed of settlement is going to be drafted and the Mediator should read before the
parties the settlements reached and the parties must confirm that what has been read is what
they have agreed then both parties and the Mediator should sign on that Deed of Settlement.

ROLES OF A MEDIATOR:-
 To conduct a mediation in a fair and unbiased manner;
 To decline or withdraw from a mediation if the mediator cannot remain impartial;
 To avoid a conflict of interest or an appearance of a conflict of interest during and after a
mediation;
 To make reasonable inquires to determine any potential conflicts;
 To maintain the confidentiality of a mediation;

QUALITIES OF A GOOD MEDIATOR:-

1. Good communication skills like listening, talking, and writing.
2. Good character
3. Flexibility
4. Highest standard of honest and integrity
5. Patience
6. Impartial and neutrality
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7. Creativity

ASANTE SANA.
By SOLICITOR KATURA.

ALLAH IS EVER ALL KNOWER, ALL WISE.