SCOPE OF THE QUESTION

The question requires to discuss the initial stages taken in instituting a Civil Litigation and to discuss
in details the bars or the setbacks that may hinder the instituting of a civil case. In this work, it
consists a detailed analysis of the important procedures and factors to consider when instituting a civil
litigation. Also, it has covered the setbacks and hinderances towards instituting a Civil Proceeding,
that are the bars to civil litigation.
1.0 INTRODUCTION
1.1 THE MEANING AND SCOPE OF CIVIL PROCEDURE
Every legal proceeding especially in the court of law requires platforms and modules that will guide
them on the means and mechanisms through which those matters will be held in the court of law, to
ensure proper administration of rights to every individual. Thus, the mechanisms and procedures to be
followed in those civil cases are regulated by the study of Civil Procedure through the use and guide
of the Civil Procedure Code. Civil Procedure is a wide scope of study in the legal platform, in
analyzing the procedures to be taken when, or before instituting any civil litigation, it is basically set
to help legal experts such as advocates and judges and magistrates when handling civil cases. The
rules of civil procedure are not there to hinder the due administration of Justice, on contrary the
primary objective of the rule of civil procedure is to show the litigants and courts how the rights of the
parties shall be handled, on the contrary the aim of civil procedure is to show litigants and courts how
these matters are handled smoothly.1 The conducting of civil proceedings is different compared to
criminal cases, this is because Civil Litigations first deals with matters that are civil in nature, and
their mode of conduct and handling of civil cases is different in the court of law. Procedural rules are
intended to serve as the hand maidens of justice, not to defeat it. Therefore, the study of civil
procedure aims at ensuring and controlling the procedures on how to conduct civil cases in the court
of law or even tribunals. Simply it covers all matters that are civil in nature such as contracts, torts
such as defamation, labour matters, and land disputes.
The statutes encompass the entire field of litigation processes from jurisdiction of courts to execution
of decrees, orders and awards. Also, they provide the manner of suing, or being sued, the jurisdiction
of courts, general rules of pleading, the conduct of trials, the content of judgements and decrees and
modes of execution, and the manner through which appeals are preferred and dealt with. The rules of
civil procedure are not there to hinder the administration of justice 2
Thus, the study of Civil Procedure is the cure that is set to solve ongoing defects and contradictions
when and during handling of any civil litigation in the court of law. The rules are set to ensure
maximum provision of rights to an individual and to avoid hinderance or infringement of rights to
another individual in the court of law. In handling of these proceedings there are factors to consider
and initial preliminaries, as discussed in this work.

1
Chipeta, B.D, Civil Procedure in Tanzania Law (Africa Publishing (T) E.A 2002) xxxii
2
Ibid(n3) xxxiii
2.0 MAIN BODY
2.1 PRELIMINARIES TO CIVIL LITIGATION
These refer to initial or procedures to be considered before or when instituting a civil proceeding. The
following are the preliminaries to be considered in instituting a civil litigation.
(1) PARTIES TO THE SUIT
A suit is a contest between two or several parties 3. There is no suit without litis contestatial this
means there must be two rights which are clashing, one alleges a right and the other denying it. Before
suing a person, the plaintiff must ensure that such person can be sued in the eye of law. A person who
instituted the case is called a plaintiff in normal Civil Case, Applicant in land matters, Claimant in
labour cases, petitioner in constitutional and matrimonial cases. But the plaintiff is defined as a legal
person who asks for any relief in court of law (not being by way of counterclaim as defendant) as
against any other legal person by way of civil proceeding. On other hand defendant is a legal person
against who civil proceeding is instituted or directed.

Types of parties to the suit

(i) Necessary party
Is a person whose presence is essential and against whom a relief is sought and without him no
effective decree or order can be made. According to the case of Suryakantd. Ramji v. Savings and
Finance Limited and Others4 the Court defined necessary party is one against whom the relief is
sought or without whom an effective decree cannot be passed by court, and all those whom the law
requires to be impleaded.
(ii) Proper party
Are those whose presence enables the court to decide effectively and finally the dispute presented
before it, and these include those who in one way or another are interested in or connected with the
relief being sought against others.5
JOINDER OF PARTIES
A person may Sue on his own behalf, but subject to some conditions, several persons may Sue jointly,
similarly a person may be sued jointly but subject to certain conditions. Joinder of the parties
involved;
(i) Joinder of plaintiffs
Several persons may Sue jointly in a single. 6where that happens the person so suing are joint
plaintiffs, this is called joinder of plaintiffs. According to Order I Rule 1 of the Civil Procedure

3
Ibid (n1) 3
4
[2002] TLR 121
5
Ibid (n1)
6
Ibid
Code.7The relief sought by the plaintiff must arose from the same transaction, and also there shall be
common question of law or fact, such plaintiffs cannot sue as joint plaintiff and instead each of them
will bring a separate claim to the court that has a competent jurisdiction to try it this two test are stated
in the case of University of Oxford and Cambridge v. George and Sons8.

(ii) Joinder of defendant

Joinder of defendant is provided under Order I Rule 3 of the Civil Procedure Code9 the joinder of
defendant is as joinder of plaintiff. Joinder of defendant means that more than one defendant is joined
and sued. In the case of Bank of India Limited v. Ambalal Shah 10 the court stated that although the
word the same must be interpreted to mean the series of transaction....it is not necessary that every
defendant should be interested in all reliefs claimed in the suit but it is necessary that there must be
cause of action in which all defendant is interested and the relief asked may vary.

Misjoinder of parties
Means parties ought to be joined are not joined or joining parties ought not to be joined this is
provided under Order I Rule 9 of the Civil Procedure Code.11 Provides for misjoinder of the parties
and non-joinder of the parties is not fatal this is due to the fact that procedural law not offer
substantive right to parties. Objection regarding misjoinder or non-joinder of the parties must take as
the earliest as possible. The consequences of misjoinder are to struck out the parties and should
determine by the earliest possible time this is provided under Order I Rule 10(2) of the Civil
Procedure Code.12 That if the court at any stage of the proceeding is satisfied whether the plaintiff or
defendant are improperly joined order that their name to struck out.

Third party proceeding

According to Order I Rule 14 of the Civil Procedure Code 13 where a party is not party of proceeding
brought the plaintiff, that person may be brought to the suit by the defendant. It is a third party
because he is not a party to the original suit and his connection to the suit is secured by the defendant.
The third party is brought to the suit because of the relationship with the defendant. In the case of
Zanfra v. Duncan and Another14 the Court stated that where the plaintiff elects to sue a single
though a joint tort feasors and does not sue the second, then even if the defendant sued joins the third

7
[CAP 33 R.E.2019]
8
(1998) HCD 5-62
9
Ibid (n5)
10
[1965] E.A pg. 18
11
Ibid(n5)
12
Ibid
13
Ibid
14
(1969) HCD 163
party to the action in order to obtain contribution.... where a third-party proceeding is taken, the third
party becomes only a defendant if the plaintiff himself seeks to make him so.

In order third party to be joined, the defendant must show the following.
(i) The defendant is claiming any contribution or indemnity and

(ii) The defendant claiming any relief or remedy relating or connected to subject matter of the
suit.

The procedure of the third party is provided under Order I Rule 2 of the Civil Procedure Code. 15 That
every application to the court made under this code shall, unless otherwise provided, be made by a
chamber summons supported by affidavit.

(2) DEMAND NOTE (DEMAND NOTICE)

It should be noted that for the purpose of instituting a civil litigation there must be a dispute and also
not all Disputes should be instituted in the court of law but only those are contested, the claimant or a
plaintiff must present a demand note upon the prospective defendant. Comprehensively defined as a
letter presented to a prospective defendant by the prospective plaintiff that lying down the claims by
the plaintiff against a prospective defendant and demand a remedy of the threat being sued 16. This is
determined in the case of Esther Buchere Maki v South Nyanza sugar Co. Ltd. “It has never been
the law that the defendant should always have notice of intention to bring suit against him before
action, it filed in court the cases where it is impractical in their nature to issue a notice of intention to
sue or issuing such notice of intention to sue will only be to the detriment of the interest of the
plaintiff and justice17.”
Necessary information to be included in the letter of demand;
(i) Name or address of a prospective plaintiff or his advocate: Here the plaintiff must
show his address of the address of his advocate in order a prospective defendant To be
aware of them.

(ii) Concise statement of claims: Here the plaintiff must show the statement of claim which
should contain particulars sufficient for the prospective defendant to know what is required
by him.

(iii) Clear and unambiguous demand: Here the statement of claims must be remaining good
at all.

15
ibid (n5)
16
Katabaro Jackson, Legal Drafting& Training, (St. Augustine University,2015)
17
[2018] eKLR
 (iv) Must have a limitation of time or period and are usually (90days.) Here the claim
should be met or else legal proceedings may be instituted without any further notice. This is
what has made the letter be referred to as a notice with an intention to sue 18.

Also, this is shown in the case of Seif Wanumbwa v Muhimbili National Hospital. 19 Manento JK
Observed that; “…. from the wording of section 6 of the Government Proceedings Act, 1967 as
amended by Act No 30/1994, the plaintiff is not allowed to institute the suit without prior notice and
the court is also prohibited from hearing such suit in the absence of the ninety days’ notice by the
claimant...”.

There are no provisions in Civil Procedure Code that provides for a letter of demand but It is
provided for in the Advocates Remunerations and Taxation of Costs Rules, under Rule 68 it is
provided as follows: If the Plaintiff in any action has not given the defendant notice of his intention to
sue, and the defendant pays the amount claimed or found to be due, at or before the first hearing no
advocates fee will be allowed except on the special orders of the judge" 20 .this also shown in the Case
of Stanley Kaunga Nkarichia v Meru Teacher's College & another 21 paragraph 7 of the case
explain that the absence of or failure to issue notice of intention to sue it just one of consideration that
the Court must take into account in awarding costs if a court make it the sole determinant factor then
the said Court must be give good reason to deny the successful party his costs 22

(3) CAUSE OF ACTION

This means every fact which if traversed it would be necessary for the plaintiff to prove in order to
support his right to the judgement of the court. It is not limited to the actual entitlement of the right to
sue but include every piece of evidence necessary to be proved to entitle the plaintiff the decree. 23 It
includes a list or collection of essential facts which is necessary to prove before the plaintiff can
succeed in the suit. In the case of Mashado game fishing lodge Ltd and others vs Board of
Trustees of Tanzania National park24The court held inter alia that “the person is said to have the
cause of action against another if that person has a right and another person infringe that right with
result that the person with the right suffers material loss or any other loss”. These includes all the
facts which have to be proved by the plaintiff in order to be entitled relief or to obtain a relief.
Therefore, in instituting a civil litigation, the plaintiff should institute a cause of action in a court with
jurisdiction, as the cause of action includes all the issues for the court to determine in any civil

18
Ibid (n1)
19
Civil case No. 181 (2003) (unreported)
20
Advocate Renumeration and Taxation of Cost Rules. GN 515 of 1991
21
Civil case no. 181 (2003) (unreported)
22
[2016] KLR
23
Justine Joseph & Namit Saxena MULLA, THE CODE OF CIVIL PROCEDURE (20th edn LEXIS Nexis 1908)
24
[2002] TLR 3
litigation as in the case of Stanbic finance Tanzania Ltd vs Giuseppe Triupia and Chiara 25 It was
held “among others that a cause of action arises when facts exist give rise or occasion to a party to
make a demand or seek redress depending on the kind of claim”

(4) PLACE OF SUING (JURISDICTION)

In instituting a civil case a place of suing or jurisdiction of a court is an important factor to consider.
Not all courts have the same power and authority to entertain cases of the same matter. Thus,
jurisdiction means This means the extent to which or limits within which a court can lawfully exercise
its powers26. This fact was discussed in the case of Republic v Samwel Kiptiny Koskei27 in this case
it was held that every court in Tanzania has its own jurisdiction as established by the statutes whether
territorial or otherwise both are statutory products. It is the powers and limits of courts, magistrates or
judges to entertain cases and pass a particular sentence. Every court in Tanzania has a jurisdiction to
entertain a particular case depending on the statutory provision on what kind of case or sentence for
the court to entertain. For example, the pecuniary jurisdiction of the District court is different from the
pecuniary jurisdiction of the High Court. Therefore, when instituting a civil litigation, the place of
suing should be considered in order to avoid wastage of time and efficiency on the conducting of the
civil proceedings. The following are the types of jurisdiction of courts in Tanzania based on specific
statutory provision.

i) Territorial Jurisdiction

This refers to the powers, Court given by the law to hear and determine case according to the
geographical coverage where the court established. It refers to the geographical area where the court
is mandated to hear cases from that area. For example, the Primary court has territorial Jurisdiction
over the respective districts in which they are established as per section 3 of The Magistrates´ Court
Act 28, under the same Act, section 4 (1) establishes the territorial jurisdiction of the District Court,
that is within the District in which it is established, under section 5 establishes that the Resident
Magistrate Court has jurisdiction in such areas as established in the order it may be within a region or
area that is established. Territorial Jurisdiction of the High Court is under Article 108 of The
Constitution Of The United Republic of Tanzania 29 where High court of Tanzania has a
jurisdiction all over Tanzania mainland, and not Tanzania Zanzibar, however parties are advised to
file cases on the High court that is near or where the action arose as in the case of Ahmed Ismail vs
Juma Rajabu30. Territorial Jurisdiction of Court of Appeal is to hear appeals from High Courts both

25
[2002] TLR 217
26
Retrieved from www.merriamwebster.com, Accessed on 28/11/2023.
27
[1982] TLR 324
28
[CAP.11 R.E 2019]
29
[CAP 2 R.E 2008]
30
[1982] HC OF TANZANIA (unreported)
in Tanzania mainland and Zanzibar and resident magistrate courts with extended jurisdiction as per
section 4 of The Appellate Jurisdiction Act31

(ii) Original Jurisdiction

The power of the court to hear and determine the case as the court of the first instance. It empowers
the court to determine a certain case as the court of the first instance. The original jurisdiction of the
Primary court is given under section 18(1) of the Magistrates´ Court Act32 where Primary Courts
have jurisdiction in all proceedings under civil in nature, but with its features as analyzed in section

18(1)(a)(i). Section 40(1), (a) and (b) provides for original jurisdiction of district court while section
41 (1) (2) of the same Act provides for original jurisdiction of the court of Resident Magistrate. 33 The
High Court is divided into divisions that is Commercial, Land and Labour division thus have a
multiple task over an original jurisdiction.

(5) Appellate Jurisdiction

This is the power given to a higher court in a ladder to deal with a case from a lower court sent to it by
way of an appeal. According to Article13 (6) (a) of The Constitution of the United Republic of
Tanzania34 appeal is a constitutional right to any party to a criminal proceeding if he is aggrieved by a
decision of a court. According to section 43(1) of the Magistrates´ Court Act it has given power to
the District and Resident Magistrate Court to hear appeals. Appeals in this courts are from the Primary
court. The Court Of Appeal of Tanzania is the highest court in the ladder and it’s the final court as
established as per section 117(1) of The Constitution of The United Republic of Tanzania.

(6) Pecuniary Jurisdiction

This means a jurisdiction governed by its value in terms of money in subject matter in suit. 35 The
pecuniary jurisdiction of the primary court is if the value of the subject matter of the suit does not
exceed fifty million and for the recovery of any civil debt arising out of a contract if the value of the
subject matter does not exceed thirty million as per section 18(1)(a)(ii)(ii) of The Magistrates´ Court

Act36, Section 40 (2) (a) and (b) of Magistrate Court Act provides for pecuniary jurisdiction of District

31
[CAP.141 R.E. 2019]
32
Ibid(n28)
33
Ibid
34
Ibid(n29)
35
Ibid(n1)
36
Ibid(n28)
court and Court of Resident magistrate. As far pecuniary jurisdiction is concerned, District court and
court of resident magistrate are regarded as the court of the same grade.

(7) Extended Jurisdiction

This is the type of jurisdiction that is conferred on magistrates. This jurisdiction is given when the
minister responsible for legal affairs extends the appellate or ordinary jurisdiction of a Resident
Magistrate, as provided under section 45(1)(a)(b) where by the Magistrates are given power to
exercise their duties as the High Court as such resident magistrate shall be deemed as the judge of the

High Court. In the case of Siodi Mindeu vs Kolombo Sokoite37 In this case the civil appeal came on
for hearing before the high court, Arusha registry, The high court was presided by senior resident
magistrate with extended jurisdiction.

2.2 BARS TO CIVIL LITAGATIONS

These refers to legal factors that may lead to failure to institute a civil proceeding in the court of law.
Simply these are the challenges, hinderances or setbacks when instituting a civil litigation. Such
setbacks are;

(I) RES SUB-JUDICE

Res Subjudice is a Latin maxim means 'Under judgement ' or 'Stay of suit'. 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, the competent court has power to stay proceeding 38. However, the doctrine
of Res Subjudice is covered under section 8 of The Civil Procedure code39 and also is covered under
Rule 12 of The primary Court Civil Procedure Rules, 40 which deals with stay of suits.
According to these provisions, no court of competent jurisdiction shall proceed with the trial of any
such suit in which the matter in issue (directly and substantially) is pending already before a
competent court of same jurisdiction, the subsequent trial of the suit is put under veil, that is to say is
abated41. In the case of Pandurang Ramchandra vs. Shantibai Ramchandra42, the Supreme court
has stated 'suit is to be understood to apply on any proceeding in a court of justice by which an
individual pursues that remedy with the law affords'.

Elements of Res Subjudice

The following are elements of the doctrine of Res Subjudice;
37
[2002] TLR 241
38
Ibid(n23)
39
Ibid (n5)
40
The Civil Procedure Code (Amendment of the first schedule) Rules, 2019
41
Law times, `The doctrine of Res Subjudice´ (2014) www.law.times/journels.com, Accessed on 28/11/2023
42
(2017) 1SCC 381
 (a) There should be two suits or cases:
Those case should be filled in the same or in different courts and subsequent suit is directly and
substantially in issue related to the previously filed suit. Thus, for res subjudice to exist the basic
factor is there must exist two cases or suits in the court of law.

(b) The two cases must be within the same parties;

The parties involved in the subsequent case must be the same as or in privity with the parties involved
in the earlier case. This factor was discussed in the case of Wengert Windrose Safaris Tanzania
LTD vs Minister for Natural resource and Tourism 43 this means suits to be between same parties
or their representatives, a party is a person whose name appears on the record at the time of decision.
(c) The subject matter in issue must be the same
The subsequent case must involve the same subject matter or cause of action as the earlier case. This
means that both cases concern identical claims or issues that were or could have been resolved in the
prior litigation. Litigating in the same title means that the demand should be of the same quality in the
subsequent suit as was in the previous suit.
(d) The previous case must be pending in the court.
The earlier case must be ongoing or pending at the time the subsequent case is initiated. The court
should be competent to grant relief in the subsequent suit. The former suit must be pending before a
court which is competent to try the case if the former suit is pending before a court which is
incompetent no legal effects flow from it.

(II) RES JUDICATA

It is the common law principle or doctrine which is also included under the CIVIL PROCEDURE
CODE. And this it is particularly under section 9 of it.
It consists two words Res to mean a thing or matter and Judicata to mean already adjudicated
Therefore, it is a matter or a thing already adjucated. This doctrine technically means that a matter in
issue which has already been tried by competent court, then trial between the same parties in respect
of the same shall not be allowed. Res Judicata is based on two main maxims as follows;
 interest reipublicae est ut sit finis litium: to mean it is the public interest that there be an end
to litigation
 nemo debet bis vexari pro aedem causa: to mean that no one should in jeopardy twice on the
same ground.

43
(2016) High Court of Tanzania (Commercial Division) No. 89 (Unreported)
So, it actually emphasizes that a subject matter of the suit which has already been decided is deemed
to be decided forever and cannot be reopened by the same parties44.
Particularly, it is the principle which bars subsequent proceeding regard to the same case. To mean
that if parties had dispute in the previous case and that case decided by the competent court these
parties are not allowed to institute the similar on the same court or another.

Elements for res judicata as provided under section (9) of the Civil Procedure Code 45
(a) There must exist two suits; But the first case must have finally and conclusively
determined. And another pending
(b) These suits must be before court of competent jurisdiction.
(c) These suits must have been between same parties or parties claiming under the same
title
(d) The matters that are directly and substantially in issue between the parties in the
pending suit must have also been directly and substantially in issue in the previously
decided suit.

This can be reflected in the case of George Shambwe v Tanzania Italian Petroleum ltd 46the court
said that for the fact in issue in second suit to amount res judicata must directly and substantially with
the fact in issue in the first suit. And this can also be reflected in the case of Genard Chuchuba V
Rector Itaga Seminary47 the Court held that the doctrine of Res Judicata is applied the following
essential elements must be shown to exist that the judicial decision was pronounced by a court of
competent jurisdiction, that the subject matter and the issues decided are substantially the same as the
issues in the subsequent suit. that the judicial decision was final and that it was in respect of the same
parties litigating under same title. The effect of the doctrine in civil litigation; is that person cannot
raise an allegation which has previously been decided against him by a court of competent jurisdiction

(III) TIME LIMITATION

The law of limitations Act it sets the limits period for the commencement of various actions.
The limitation period that applies to cases looks to the legislation which gives to rise under cause of
action. The limitation period is fixed for the lengths time fixed for party must bring a civil claim. This
period is determined by the law of Limitations Act.
It depends on the types of civil claim involved, a claim may still commence outside the limitation
period and the court will not take the point on the issue however failing to bring claim in time will

44
Ibid(n1)
45
ibid(n5)
46
[1995] TLR 201
47
[2002] TLR 213
give defendant a cast iron complete defense to claim48 This is because the aim of limitations period is
to ensure that individual and organization are not open to litigation wrongful acts. The limitation
period of civil matters expires before any action has been initiated it may be difficult or even being
possible to begin legal proceeding without the being defense to the action. Section 4 of the Law of
Limitations Act provides that period of limitation prescribed by this act in relation to any proceeding
shall, to the provisions of this Act hereinafter contained, commence from the date on which the right
of action for such proceeding accrues49

(IV) ARBITRATION CLAUSE

This refers to a statement that is agreed by the parties in an agreement that in case of any dispute
between them, their dispute will be handled through arbitration, under the arbitral tribunal. Usually it
is a clause that is included in a contract and it sets limits to the parties to institute any civil litigation in
the court of law before the Arbitral Tribunal. This factor act as a bar to civil litigation this is because,
parties cannot institute a civil proceeding in the court of law if the parties agreed in the agreement that
an arbitration is part and parcel of their dispute settlement. According to Order VIII C Rule 24, of The
Civil Procedure Code analyses that, before any trial the court shall refer to any civil action of
negotiation, conciliation, mediation, or arbitration or similar alternative procedure. 50

CONCLUSION

Generally, the function of Civil Procedure is to protect defendant against plaintiff actions that are not
procedural right in institution of a suit. Also, it helps to resolve the argument presented by the parties
and helps in making availability of right clear through procedural rules. The procedures established in
the Civil Procedure Code are meant to ensure proper institution of civil proceedings and not to
infringe any of an individual right. Therefore, civil procedure is an important element of law, that is in
the legal field in examining and conducting of civil litigations. Without civil Procedure it would be
difficult in handling, examining, defining and monitoring of civil cases in the court of law thus
resulting to the hindering of an individual substantive rights in general.

48
Walker, J. and Sossion, L., Civil Litigation, (5th edn, Queen University Library,2010)
49
[CAP. 89 R.E 2019]
50
Ibid(n5)
 REFERENCES

THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA [CAP.2 R.E 2008]

STATUTES
Civil Procedure Code [CAP. 33 R.E 2019]
Law of Limitations Act [CAP. 89 R.E 2019]
Magistrates´ Court Act [CAP.11 R.E 2019]
The Appellate Jurisdiction Act [CAP.141 R.E. 2019]
The Primary Court Civil Procedure Rules [The Civil Procedure Code (Amendment of the first
schedule) Rules, 2019]
Advocate Renumeration and Taxation of Cost Rules. [GN 515 of 1991]
CASES
Suryakantd. Ramji v. Savings and Finance
University of Oxford and Cambridge v. George and Sons
Bank of India Limited v. Ambalal Shah
Zanfra v. Duncan and Another
Esther Buchere Maki v South Nyanza sugar Co. Ltd.
Seif Wanumbwa v Muhimbili National Hospital
Stanley Kaunga Nkarichia v Meru Teacher's College & another
Mashado game fishing lodge Ltd and others vs Board of Trustees of Tanzania National park
Stanbic finance Tanzania Ltd vs Giuseppe Triupia and Chiara
Republic v Samwel Kiptiny Koskei
Ahmed Ismail vs Juma Rajabu
Siodi Mindeu v Kolombo Sokoite
Pandurang Ramchandra vs. Shantibai Ramchandra
Wengert Windrose Safaris Tanzania LTD vs Minister for Natural resource and Tourism
George Shambwe v Tanzania Italian Petroleum ltd
Genard Chuchuba V Rector Itaga Seminary
BOOKS
Chipeta, B.D, Civil Procedure in Tanzania Law (Africa Publishing (T) E.A 2002)
Justine Joseph & Namit Saxena MULLA, THE CODE OF CIVIL PROCEDURE (20th edn LEXIS
Nexis 1908)
Walker, J. and Sossion, L., Civil Litigation, (5th edn, Queen University Library,2010)

ONLINE MATERIALS
Retrieved from www.merriamwebster.com, Accessed on 28/11/2023.

ONLINE JOURNALS
Law times, `The doctrine of Res Subjudice´ (2014) www.law.times/journels.com

MANUALS
Katabaro Jackson, Legal Drafting& Training, (St. Augustine University,2015)