CHAPTER 358
JUDICATURE AND APPLICATION OF LAWS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title

PART II
JURISDICTION OF THE HIGH COURT AND SUBORDINATE COURTS

   2.   Jurisdiction of the High Court.

   3.   High Court to have jurisdiction over proceedings relating to merchant shipping.

   4.   Rules of procedure.

   5.   Powers of a single judge of the High Court.

   6.   Jurisdiction of magistrates' courts.

   7.   Judges to have all powers of magistrates.

   8.   Preferment of magistrates not to affect powers to complete proceedings.

PART III
APPLICATION AND RECOGNITION OF LAWS

A: APPLICATION OF ACTS OF UNITED KINGDOM

   9.   Certain Acts of the United Kingdom Parliament to apply.

   10.   [Repealed.]

B: APPLICATION OF CUSTOMARY LAW

   11.   Applicability of customary law.

   12.   Declaration and modification of customary law.

   13.   Savings.

C: APPLICATION OF INDIAN ACTS

   14.   Indian Acts applied.

   15.   Modifications.

   16.   Power to adapt.

   17.   Future amending Acts not to apply.

   18.   Abrogation of formalities prior to making rules.

   19.   [Repealed.]

   20.   [Repealed.]

   21.   [Repealed.]

SCHEDULES

CHAPTER 358
THE JUDICATURE AND APPLICATION OF LAWS ACT

An Act to declare the jurisdiction of the High Court and courts subordinate thereto and to apply and recognise certain laws.

[1st December, 1920]
[9th December, 1961] 1
[s. 1]

[R.L. Caps. 2 and 453]
Ords. Nos.
7 of 1920
17 of 1922
25 of 1929
26 of 1932
8 of 1935
12 of 1936
35 of 1940
1 of 1951
36 of 1953
46 of 1954
26 of 1955
33 of 1956
51 of 1957
33 of 1960
38 of 1960
1 of 1961
35 of 1961
57 of 1961
Acts Nos.
8 of 1962
62 of 1962
55 of 1963
46 of 1964
15 of 1965
31 of 1966
49 of 1966
59 of 1966
6 of 1967
43 of 1967
5 of 1971
10 of 1971

PART I
PRELIMINARY PROVISIONS (s 1)

1.   Short title

   This Act may be cited as the Judicature and Application of Laws Act.

PART II
JURISDICTION OF THE HIGH COURT AND SUBORDINATE COURTS (ss 2-8)

2.   Jurisdiction of the High Court Act No. 31 of 1966 Sch.">

   (1) Save as provided hereinafter or in any other written law, expressed, the High Court shall have full jurisdiction in civil and criminal matters.

   (2) For the avoidance of doubt it is hereby declared that the jurisdiction of the High Court shall extend to the territorial waters.

   (3) Subject to the provisions of this Act, the jurisdiction of the High Court shall be exercised in conformity with the written laws which are in force in Tanzania on the date on which this Act comes into operation (including the laws applied by this Act) or which may hereafter be applied or enacted and, subject thereto and so far as the same shall not extend or apply, shall be exercised in conformity with the substance of the common law, the doctrines of equity and the statutes of general application in force in England on the twenty-second day of July, 1920, and with the powers vested in and according to the procedure and practice observed by and before Courts of Justice and justices of the Peace in England according to their respective jurisdictions and authorities at that date, save in so far as the said common law, doctrines of equity and statutes of general application and the said powers, procedure and practice may, at any time before the date on which this Act comes into operation, have been modified, amended or replaced by other provision in lieu thereof by or under the authority of any Order of Her Majesty in Council, or by any Proclamation issued, or any Act or Acts passed in and for Tanzania, or may hereafter be modified, amended or replaced by other provision in lieu thereof by or under any such Act or Acts of the Parliament of Tanzania:

   Provided always that the said common law, doctrines of equity and statutes of general application shall be in force in Tanzania only so far as the circumstances of Tanzania and its inhabitants permit, and subject to such qualifications as local circumstances may render necessary.

3.   High Court to have jurisdiction over proceedings relating to merchant shipping Acts Nos. 31 of 1966 Sch.; 43 of 1967 Third Sch.">

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