CHAPTER 67
WITNESS SUMMONSES (RECIPROCAL ENFORCEMENT) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Application of Act.

   4.   Backing of summons.

   5.   Service of summons.

   6.   Where witness cannot be found.

   7.   Court may make order excusing attendance.

   8.   Minister may excuse attendance.

   9.   Disobedience of summons.

   10.   [Omitted.]

CHAPTER 67
THE WITNESS SUMMONSES (RECIPROCAL ENFORCEMENT) ACT

An Act to provide for the enforcement of witness summonses issued by courts of certain countries and for related matters.

[7th February, 1969]

Act No. 4 of 1969

1.   Short title

   This Act may be cited as the Witness Summonses (Reciprocal Enforcement) Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.

2.   Interpretation

   (1) In this Act unless the context otherwise requires–

   "court" means a court of law constituted or established by or under the law of a country to which this Act applies;

   "magistrate" means a resident magistrate;

   "Minister" means the Minister for the time being responsible for legal affairs;

   "summons" includes any subpoena or other process for requiring the attendance of any person to give evidence before a court or to produce any document before a court.

   (2) Where a power is conferred or a duty is imposed by this Act upon a magistrate endorsing a summons in accordance with section 4, such power may be exercised and such duty may be performed by any other magistrate having jurisdiction over the area of jurisdiction of the magistrate endorsing the summons.

3.   Application of Act

   Where the Minister is satisfied that reciprocal provision has been or will be made by or under the law of any country for the enforcement of a summons issued by any court in the United Republic, the Minister may, by order published in the Gazette, declare that this Act shall apply in the case of that country subject to such conditions, exceptions and qualifications as may be specified in the order, and this Act shall apply accordingly.

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