CHAPTER 339
RENT RESTRICTION ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
TABLE OF CONTENTS
Regulation
Title
1. Citation and commencement.
2. Interpretation.
3. Institution of proceedings.
4. Notice and summons.
5. Parties or their representative to be present.
6. Hearing, judgment and decree.
7. Dismissal for want to prosecution.
8. Amendment.
9. Withdrawal of application.
10. Miscellaneous.
11. Tribunal not bound by the Civil Procedure Code.
THE REGIONAL HOUSING TRIBUNALS REGULATIONS
[.....................]
G.N. No. 436 of 1990
1. Citation and commencement
These Regulations may be cited as the Regional Housing Tribunals Regulations and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.
2. Interpretation
In these Regulations–
"the Act" means the Rent Restriction Act *;
"Appeals Tribunal" means the Housing Appeals Tribunal established under section 6 of the Act;
"application" means an application filed under regulation 3 and includes any chamber application filed under these Regulations;
"proceedings" means proceedings instituted before the Tribunal under the Act or these Regulations;
"the Tribunal" means the Regional Housing Tribunal established under section 9 of the Act.
3. Institution of proceedings
(1) Any proceeding before the Tribunal shall commence by an application filed by an applicant or his agent, on payment of appropriate fees.
(2) An application under the Act to the Tribunal shall be made in writing, and shall specify the address of the premises to which the application relates and the names and addresses of the landlord and tenant respectively.
4. Notice and summons
(1) Where an application is made to the Tribunal, the Tribunal shall issue a notice or summons in writing to each party to the application, informing him the time, date and place at which the application will be mentioned.
(2) A copy of the application or affidavit shall be attached to every notice or summons to be served upon a party to the application.
(3) A person upon whom notice or summons is served shall be required to sign on the original copy thereof, and retain the duplicate copy.
(4) After signing the certificate evidencing service, the process-server shall return the original copy of the notice or summons to the Tribunal registry.
(5)(a) Upon being properly served with a copy of the application or chamber summons as the case may be, the respondent shall, if he is contesting or disputing the same, within 21 days of the said service, file his written reply to the application together with the appropriate fees. In the case of a chamber application, the respondent shall file his counter affidavit within 7 days of proper service upon him.
(b) If a filed written reply to the application contains a counter claim the applicant shall be served with a copy of the same and shall file his written reply to the counter claim within 21 days of proper service on him.
(c) The Tribunal may, on good cause being shown by any party to the proceedings, extend the time within which to file a written reply or counter affidavit and in any case such extension shall not exceed 14 days or 7 days respectively.
(d) After a written reply or counter affidavit has been filed in any proceeding, no further reply shall be entertained or filed, and the Tribunal shall proceed to fix a hearing date for the application or the chamber application as the case may be.
(e) If the hearing date is fixed in the presence of the parties or their recognized agents, their presence shall constitute notice of the date of hearing, but if the hearing date is fixed in the absence of the parties or any one of them then the Tribunal shall cause a notice or notices of the date of hearing to be served in the normal manner on the party or parties so absent.
(f) As far as it is possible, service of the notice of the date of hearing shall be effected on the applicant or respondent or his spouse, or any member of his family above the age of 18 years who ordinarily resides with him, his advocate, a person holding a power of attorney or any other person authorized by him to represent him in that particular application.
(g) Where the Tribunal is satisfied that it is not possible to effect personal service of notice of the date of hearing on the parties it shall order service to be effected by either advertisement in any of the country's newspapers, affixing a copy of the summons or notice on any conspicuous part of the building he ordinarily resides or works for gain or is known to have last resided or worked for gain or by registered post through his last known private or official address.
5. Parties or their representative to be present
(1) At the hearing before the Tribunal, any interested party may appear in person, by counsel, by representative or may be accompanied by any person whom he may wish to assist him at the hearing, subject to the Tribunal's discretion that such person may be heard on behalf of any party.
(2) At the commencement of hearing, the contents of the application shall be read out and explained to the party who has attended to answer the application.
(3) If the respondent admits the contents of the application, the Tribunal shall pronounce judgment or proceed to determine the application on merits in accordance with the mandatory requirements of the Act.
(4) The Tribunal shall pronounce judgment or determine the application in the appropriate manner against a party who fails to file his answer to the application or counter claim within the given time.
6. Hearing, judgment and decree
(1) On the day the application is fixed for hearing, the Tribunal shall–
(a) if the parties to the application are present, proceed to hear the evidence on both sides and then determine the application;
(b) if the applicant is absent and received the notice of hearing or was present when the hearing date was fixed, dismiss the application for non appearance of the applicant;
(c) if the respondent is absent and was duly served with notice of hearing, or was present when the hearing date was fixed and has not furnished the Tribunal with good cause for his absence, then the Tribunal shall proceed to hear and determine the matter ex-parte by oral evidence.
(2) Subject to subregulation (1), any party to an application who is dissatisfied by the decision of the Tribunal may apply by way of chamber application, to the same Tribunal for restoration of the application so dismissed or determined:
Provided that such application shall be made not later than thirty days after the date when the dismissal Order was made or the application was so determined.
(3) Parties to the application or their representatives may address the Tribunal at the conclusion of hearing of evidence to the application.
(4) The Tribunal may pronounce judgment at the conclusion of hearing of the application or may reserve judgment to be pronounced on a later date to be fixed by the Tribunal.
(5) After pronouncing judgment the Tribunal shall draw a decree from the said judgment.
(6)(a) Execution of an order or decree of the Tribunal shall be through the Court of a Resident Magistrate.
(b) No execution proceedings shall be commenced until after the expiry of the period of appeal provided either under the Act or these Regulations.
7. Dismissal for want to prosecution
The Tribunal may dismiss any application before it for want of prosecution without notice, if such application has remained unattended by either party with a view to proceeding with it for an uninterrupted period of three months.
8. Amendment
The Tribunal may at any stage of the proceedings, either on its own motion or on the application by any party order the amendment of the pleadings, subject to such orders as to costs.
9. Withdrawal of application
The Tribunal may on such terms as it deems fit, allow the applicant to withdraw his application or allow the parties to the application, record consent judgment or order.
10. Miscellaneous
Any person aggrieved by any decision of the Tribunal may, within thirty days, following the date of such ruling or judgment, appeal to the Appeals Tribunal.
11. Tribunal not bound by the Civil Procedure Code
The Tribunal shall not be bound by the provisions of the Civil Procedure Code *.
RULES
(Section 41(4))
[20th July, 1990]
G.N. No. 249 of 1990
PART I
PRELIMINARY PROVISIONS>
1. Short title
These Rules may be cited as the Housing Appeals Tribunal (Appeals) Rules.
2. Interpretation
In these Rules, unless the context otherwise requires–
"the Act" means the Rent Restriction Act *;
{mprestriction ids="1,2,3"}
"agent" includes a practising advocate and any person who, under section 14(9) of the Act, is permitted to appeal and act for any party in proceedings under the Act;
"Appeals Tribunal" means the Housing Appeals Tribunal;
"Chairman" means the Chairman, or Deputy-Chairman of either the Housing Appeals Tribunal or the Regional Housing Tribunal;
"petition of appeal" includes the memorandum of appeal, the record of the grounds of appeal where the same have been stated orally and recorded by the Tribunal or the Appeals Tribunal;
"proper officer" means the Chairman or Deputy-Chairman and includes the Registrar and any officer duly authorised in that behalf by the Chairman or Deputy-Chairman;
"Registrar" means the Registrar of the Housing Appeals Tribunal;
"registry" means the Registry of the Appeals Tribunal at Dar es Salaam;
"subregistry" means the office of every Regional Housing Tribunal;
"Tribunal" means the Regional Housing Tribunal.
PART II
GENERAL ADMINISTRATIVE AND PROCEDURAL PROVISIONS
3. Institution of Appeals
(1) Every appeal shall be instituted by lodging in the registry or subregistry a petition of appeal in quintuplicate signed by the appellant or his agent and presented to the Registrar at the registry or to a proper officer at the subregistry.
(2) The petition of appeal shall be accompanied by a copy of the decree appealed from and of the judgment and shall be presented in quintuplicate.
(3) The petition of appeal shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any arguments or narrative, and such grounds shall be numbered consecutively.
(4) A prescribed fee and any reasonable deposit as the Chairman or the Registrar shall reasonably assess and affix shall be paid to defray costs.
4. Grounds which may be taken on appeal
An appellant shall not, except by leave of the Appeals Tribunal, be heard in support of any ground of objection not set forth in the memorandum of appeal, but the Appeals Tribunal, in deciding the appeal, shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the Appeals Tribunal under this rule:
Provided that the Appeals Tribunal shall not rest its decision on any other ground unless the party who may be affected thereby has had sufficient opportunity of contesting the case on that ground.
5. Time within which appeal to be lodged
No appeal to the Appeals Tribunal from an order, decision or determination of a Tribunal shall be made later than forty-five (45) days from the date of the order, decision or determination appealed from:
Provided that the Appeals Tribunal may for good and sufficient cause grant any party leave to appeal out of time. When any such leave is granted, the Appeals Tribunal shall specify the date by which the appeal shall be lodged.
6. Application for leave to appeal out of time
An application for leave to appeal out of time to the Appeals Tribunal shall be in writing supported by an affidavit setting out the reasons why a petition of appeal was not or cannot be filed within forty-five days after the date of the decision or order against which it is desired to appeal, and shall be accompanied by the petition of appeal or shall set out the grounds of objection to the decision or order.
7. Filing notice of appeal
(1) Any party who desires to appeal to the Appeals Tribunal shall lodge a written notice in quintuplicate with the Registrar or the Chairman of the Tribunal which passed the decision, order or determination appealed against.
(2) Every notice shall be lodged within fourteen (14) days of the date of decision against which it is desired to appeal.
(3) A notice of appeal shall be signed by the appeallant or his agent.
8. Service of notice of appeal and treatment of record of appeal
(1) On receipt of a notice of appeal, where the same has been filed in the subregistry, any proper officer shall forthwith cause the said notice to be served on the respondent or respondents named therein and shall thereafter compile a record of appeal in quintuplicate, and after certifying each copy thereof he shall dispatch, under registered post, five copies of the record to the Registrar.
(2) The respondent, or, if there are more than one respondent, each shall be entitled to receive a copy of the compiled record of appeal on payment of fees.
(3) On receipt of the notice of appeal and the record of appeal the Registrar shall register the appeal, thereby assigning to it the serial number of the Appeals Tribunal and shall communicate to the Chairman of the Tribunal at the subregistry where the notice and the record of appeal originated.
9. Effect of default in instituting appeal
If a party who has lodged a notice of appeal fails to institute an appeal within the appointed time–
(a) he shall be deemed to have withdrawn his notice of appeal and shall, unless the Appeals Tribunal orders otherwise, be liable to pay the costs of any party on whom the notice of appeal was served arising from that failure to institute the appeal;
(b) any person on whom the notice of appeal was served shall be entitled to give notice of appeal notwithstanding that the appointed time has expired, if he does so within fourteen (14) days of the date by which the party who lodged the previous notice of appeal should have instituted his appeal.
10. Death of party to intended appeal
(1) An appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of his legal representative.
(2) An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted but the Appeals Tribunal shall on the application of any interested person cause the legal representative of the deceased to be made a party in place of the deceased, as the case may be.
11. Death of party to appeal
An appeal shall not abate on the death of the appellant or the respondent but the Appeals Tribunal shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.
12. Notification and dispatch of records and documents to Appeals Tribunal
(1) When an appeal has been instituted in a subregistry any proper officer shall–
(a) inform the Registrar of the names of the appellant and respondent and the names of their respective advocates, if any, and the date when the appeal was instituted;
(b) compile and certify the record of the proceedings in quintuplicate and shall send them together with the original record and the exhibits, if any, to the Registrar. However, the Chairman or the proper officer at the subregistry shall not, unless required to do so, send to the Registrar any exhibits which, because of their size, cannot conveniently be so sent;
(c) ensure so far as practicable that all exhibits not so sent to the Registrar are available for inspection by the Appeals Tribunal at the hearing of the appeal.
(2) When an appeal has been instituted in the Registry, the Registrar shall obtain from the Tribunal whose decision or order it is appealed from, the original record and five certified copies of such proceedings and so far as practicable the exhibits.
13. Registration of appeals
(1) When a petition of appeal to the Appeals Tribunal is filed in the subregistry any proper officer shall cause the date of filing to be endorsed on the petition before dispatching it to the Registrar.
(2) When a petition of appeal is received in the Appeals Tribunal, it shall immediately be numbered and entered in a register to be kept for that purpose.
14. Amendment of documents
The Appeals Tribunal may at any time allow amendment of any notice of appeal or notice of cross-appeal or petition of appeal, as the case may be, or any other part of the record of appeal, on such conditions as it thinks fit.
15. Stay by Appeals Tribunal
(1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appeals Tribunal may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appeals Tribunal may for sufficient cause order stay of execution of such decree.
(2) Where an application is made for stay of execution of an appellable decree before the expiration of the time allowed for appealing, the Tribunal which passed the decree may on sufficient cause shown, order the execution to be stayed.
(3) No order for stay of execution shall be made under subrule (1) or subrule (2) unless the Appeals Tribunal or the Tribunal is satisfied that–
(a) substantial loss may result to the party applying for stay of execution unless the order is made;
(b) the application has been made without unreasonable delay; and
(c) security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.
(4) Notwithstanding anything contained in subrule (3) the Appeals Tribunal or the Tribunal may make an ex-parte order for stay of execution pending the hearing of the application.
16. Publication and service of notice of day for hearing
(1) An order in respect of the day fixed for hearing shall be recorded in the case file, and a like notice shall be sent by the Appeals Tribunal to the Tribunal from whose decree the appeal is preferred, and shall be served on the respondent or on his advocate.
(2) Instead of sending the notice to the Tribunal from whose decree the appeal is preferred, the Appeals Tribunal may itself cause the notice to be served on the respondent or his advocate.
(3) The notice of hearing shall, within fourteen days from the day it is issued, be given to all the parties to an appeal, but it shall not be necessary to give that notice to any party with whose consent the date for hearing was fixed.
17. Contents of notice
The notice to the respondent shall declare that, if he does not appear before the Appeals Tribunal on the day so affixed, the appeal shall be heard ex-parte.
18. Withdrawal of Appeal
(1) An appellant may at any time after instituting his appeal and before the appeal is called on for hearing lodge in the registry or subregistry, as the case may be, a written notice that he does not intend further to prosecute the appeal.
(2) On receipt of the notice lodged by the appellant to withdraw his appeal the Appeals Tribunal shall strike the appeal out of the list of pending appeals.
19. Appeal by respondent where appeal withdrawn
(1) If an appeal is withdrawn under regulation 18 after notice of cross-appeal has been given, the respondent who gave the notice may withdraw within fourteen (14) days of the service on him of the notice of withdrawal, if it is not so withdrawn, the cross-appeal shall proceed to hearing and the provisions of these rules shall apply as if the cross-appellant were an appellant and the appellant a respondent.
(2) If any appeal is withdrawn under rule 18 within fourteen (14) days of the date when the appeal was instituted, any respondent who has not lodged a notice of cross-appeal shall be entitled to give notice of appeal notwithstanding that the time limited by rule 5 has expired, if he does so within fourteen days of the date when the appellant's notice of withdrawal was served on him.
20. Preliminary objections
Where a respondent intends to take a preliminary objection to any appeal or any part of it, he shall, as soon as practicable before the hearing begins, give reasonable notice to the Appeal Tribunal and to the other parties to the appeal of that objection, and if that notice is not given, the Appeals Tribunal may adjourn the hearing and make such order as to costs as it may deem just.
21. Interlocutory order not prejudice the appeal
No interlocutory order from which a separate appeal has not been brought shall operate to prevent the Appeals Tribunal from giving such decision upon the appeal as is just.
22. Cross Appeals
When separate appeals are filed by two or more parties to a proceeding, the appeals shall be registered separately but shall, unless the Appeals Tribunal otherwise orders, be heard together.
23. Consolidation of appeals
The Appeals Tribunal may for sufficient reason order any two or more appeals to be consolidated on such terms as it thinks just or may order them to be heard at the same time or one immediately after the other or may order any of them to be stayed until after the determination of any other of them.
PART III
HEARING OF APPEALS
24. Summary rejection of appeal
(1) The Appeals Tribunal shall have power to reject an appeal summarily.
(2) Where the Appeals Tribunal rejects an appeal summarily, notice of such rejection shall be served upon the appellant or his agent.
25. Day for hearing appeal
(1) Unless the Appeals Tribunal dismissed the appeal summarily under rule 24, it shall fix a day for hearing the appeal.
(2) Such day shall be fixed with reference to the current business of the Appeals Tribunal, the place of residence of the respondent, and the time necessary for the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal on such day.
26. Adjournments
(1) The Appeals Tribunal may at any time and from time to time, on its own motion or on the application of any party, adjourn the proceedings to date fixed or to be fixed by it.
(2) When proceedings are adjourned to a date to be fixed, the Appeals Tribunal shall, after fixing the date for the resumed hearing, given notice of it to the parties or their agents:
Provided that it shall not be necessary to give any notice of resumed hearing to any party who has signified in writing that he does not intend to appear at the hearing.
27. Procedure at the hearing of an appeal
On the day fixed, or on any other day to which the hearing may be adjourned, the Appeals Tribunal shall first hear the appellant or his agent and then, unless it forthwith dismisses the appeal, the respondent or his agent shall have the right to reply.
28. Non-appearance of parties
(1) An appellant may embody in his petition of appeal a statement that he does not intend to appear personally or by agent at the hearing, together with a statement in writing of his arguments in support of the appeal. In such event, and unless the Appeals Tribunal has expressly required the appearance of the appellant, it shall not dismiss the appeal for want of appearance but shall have regard to such arguments.
(2) Subject to the provisions of subrule (1) of this rule, where on the day fixed for hearing the appeal or any day to which it may be adjourned, the appellant does not appear in person or by agent, the Appeals Tribunal may dismiss the appeal.
(3) Where the appellant appears and the respondent, having been duly served, does not appear, the appeal shall proceed in the absence of the respondent, unless the Appeals Tribunal for any sufficient reason sees fit to adjourn the hearing. If the respondent has, before the date of the hearing, filed a statement in writing of his arguments in opposition to the appeal, the Appeals Tribunal shall have regard to such arguments.
29. Failure to deposit costs
Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within the period fixed, the sum required to defray the cost of serving the notice, the Appeals Tribunal may make an order that the appeal be dismissed:
Provided that no such order shall be made although the notice has not been served upon the respondent, if on any such day the respondent appears when the appeal is called on for hearing.
30. Appellant restricted to ground of appeal
An appellant or his agent shall not, except by leave of the Appeals Tribunal, be entitled to be heard on any ground of objection not set forth in his petition of appeals.
31. Re-admission of appeal dismissed for default
Where an appeal has been dismissed under rule 28(2) in default of appearance by the appellant, he or his agent may apply to the Appeals Tribunal for the re-admission of the appeal; and if the Appeals Tribunal is satisfied that he was prevented by any sufficient cause from appearing either personally or by agent when the appeal was called on for hearing it may re-admit the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
32. Re-hearing of application by respondent against whom ex-parte decree made
Where an appeal is heard in the absence of the respondent and judgment is pronounced against him under rule 28(3), he or his agent may apply to the Appeals Tribunal to re-hear the appeal and if the Appeals Tribunal is satisfied that the notice of hearing was not duly served or that he was prevented by a sufficient cause from appearing either personally or by agent when the appeal was called on for hearing, the Appeals Tribunal shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
33. Power to adjourn hearing and direct persons appearing interested to be made respondents
When it appears to the Appeal Tribunal at the hearing of an appeal that any person who was a party to the suit in the Tribunal from whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result of the appeal, the Appeals Tribunal may adjourn the hearing to a future date to be fixed by the Appeals Tribunal and direct that such person be made a respondent.
34. Order for re-trial
(1) The Appeals Tribunal may, as it shall deem just, order that a new trial be held in respect of any matter tried by the Tribunal.
(2) A new trial shall not be granted on the ground of the improper admission or rejection of evidence unless in the opinion of the Appeals Tribunal some substantial wrong or miscarriage of justice has been occasioned.
35. Where Appeals Tribunal may frame issues, and refer them for trial whose decree appealed from
Where the Tribunal from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appeals Tribunal essential to the right decision of the matter upon the merits, the Appeals Tribunal may, if necessary, frame issues, and refer the same for trial to the Tribunal from whose decree the appeal is preferred, and in such case shall direct such Tribunal to take the additional evidence required; and such Tribunal shall proceed to try such issues, and shall return the evidence to the Appeals Tribunal together with its findings thereon and the reasons thereof.
36. Findings and evidence to be put on record
(1) The evidence and findings mentioned in section 35 shall form part of the record in the suit; and either party may, within a time to be fixed by the Appeals Tribunal, present a memorandum of objections to any finding.
(2) After the expiration of the period so fixed for presenting such memorandum the Appeals Tribunal shall proceed to determine the appeal.
37. Production of additional evidence in Appeals Tribunal
(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appeals Tribunal:
Provided that the Appeals Tribunal may allow any evidence to be produced or witness to be examined–
(a) if the Tribunal from whose order, decision or determination the appeal is preferred has refused to admit evidence which ought to have been admitted; or
(b) if the Appeals Tribunal requires any document to be produced or any witness to be examined to enable it to pronounce judgment; or
(c) for any other substantial cause as the Appeals Tribunal may in its discretion deem just.
(2) Whenever the Appeals Tribunal requires any document to be produced or witness to be examined, it shall record its reasons for so doing.
38. Mode of taking additional evidence
Wherever additional evidence is allowed to be produced, the Appeals Tribunal may direct the Tribunal from whose decree the appeal is preferred, to take such evidence and to send it, when taken, to the Appeals Tribunal.
39. Points to be defined and recorded
Where additional evidence is directed or allowed to be taken the Appeals Tribunal shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified.
PART IV
JUDGMENT IN APPEAL
40. Judgment when and where pronounced
The Appeals Tribunal after hearing the parties or their agent and referring to any part of the proceedings to which reference may be considered necessary, shall pronounce judgment in public (in the room where it ordinarily hears appeals) either at once or on some future date of which notice shall be given to the parties or their agents.
41. Contents, date and signature judgment
(1) The judgment of the Appeals Tribunal shall be in writing, and shall state–
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and
(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled,
and at the time that it is pronounced shall be signed and dated by the Chairman or the Registrar, who shall certify it.
(2) Such judgment may be pronounced notwithstanding the absence of all the members who composed the Appeal Tribunal or any of them, and the judgment may be read by the Chairman or the Registrar.
(3) A certified copy of the judgment shall be sent together with the original record by the Registrar to the Tribunal whose decree the appeal was preferred against. Similar certified copies of judgment shall be distributed to other Tribunals in Tanzania Mainland and to appropriate legal Institutions.
42. What judgment may direct
The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or if the parties to the appeal agree as to the form which the decree in appeal shall take, or as to the order to be made in appeal shall take, the Appeals Tribunal may pass a decree or make an order accordingly.
43. Power of Appeals Tribunal in appeals
The Appeals Tribunal shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Appeals Tribunal notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents, or parties, although such respondents or parties may not have filed any appeal or objection.
PART V
DECREE IN APPEAL
44. Date and contents of decree
(1) The decree of the Appeals Tribunal shall bear the date and the day on which the judgment was pronounced.
(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent, and a clear specification of the relief granted or other adjudication made.
(3) The decree shall also state the amount of costs incurred in the appeal, and by whom or out of what property, and in what proportion such costs and the costs in the suit are to be paid.
(4) The decree shall be signed and dated by the Chairman who passed it or by the Registrar.
45. Copies of judgment and decree to be furnished to parties
Certified copies of the judgment and decree in appeal shall be furnished to the parties on application to the Appeals Tribunal and on payment of fees.
A copy of the judgment and of the decree, certified by the Appeals Tribunal Chairman or the Registrar, shall be sent to the Tribunal which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appeals Tribunal shall be made in the register of Rent Applications.
PART VI
FEES AND COSTS IN APPEALS
47. Fees payable
(1) The fee set out by the Rent Restriction (Appeals) (Amendment) Rules * shall be payable in respect of the matters and services specified therein.
(2) Copies of any documents may be issued without fee to such person as the Chairman may nominate or at such reduced fee as he may direct.
48. Waiver of fees
(1) If in any appeal to the Appeals Tribunal the Chairman is satisfied on the application of the appellant that the appellant ought not, by reason of poverty, to be required to pay the whole of the fees ordinarily payable, he may by order direct that the whole or any part of the fees be waived.
(2) An application for an Order under subrule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he would be required to pay as fees or to deposit in respect of fees; save that the Chairman may entertain any such application out of time if it appears to him that there was sufficient cause for the delay in making it.
(3) No fee shall be payable on the lodging of any such application.
(4) The Chairman considering the means of an applicant may rely on a report made to him by the Registrar or any proper officer of the Appeals Tribunal.
(5) The Chairman making an order under subrule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the petition of appeal.
49. Time of payment of fees
(1) The fee payable on lodging any document shall be payable at the time when the document is lodged.
(2) The Chairman, or the Registrar and any proper officer of the Appeals Tribunal may require the payment in advance of the fee for any other service or, where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it. Any fee so paid in advance or deposit made shall be refunded if the request for the service is cancelled before the service has been rendered.
50. Appeals Tribunal may require appellant to furnish security for costs
(1) The Appeals Tribunal may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both.
(2) The amount of security shall be such as the Chairman or the Registrar shall in his discretion assess and fix.
(3) Where such security is not furnished within such time as appointed the Appeals Tribunal shall reject the appeal.
(4) The Appeals Tribunal may at any time, if it thinks fit, direct that further security for costs be given and may direct that security be given for the payment of past costs relating to the matters in question in the appeal.
(5) Where security for costs has been lodged the Registrar may pay it out either by consent of the parties or in conformity with the decision of the Appeals Tribunal having regard to the rights of the parties under that decision.
51. Security in case of order for execution of decree appealed from
Where an order is made for the execution of a decree from which an appeal is pending, the Tribunal which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Tribunal, or the Appeals Tribunal may for like cause direct the Tribunal which passed the decree to take such security.
52. No security to be required from the Government or a public officer in certain cases
No such security as is mentioned in rules 50 and 51 shall be required from the Government or, where the Government has undertaken the defence of the suit, from any public officer sued in respect of an act alleged to be done by him in his official capacity.
53. Order for costs
The Appeals Tribunal may make such order as to the costs of an appeal as it shall deem just.
54. Assessment and taxation of costs
(1) When making any decision as to the payment of costs, the Appeals Tribunal may assess them or direct them to be taxed, and any decision as to the payment of costs, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.
(2) Where the Appeals Tribunal directs that costs of an appeal shall be taxed, such costs shall be taxed in accordance with the provisions of the Advocates Remuneration and Taxation of Costs Rules, 1955.
(3) The Registrar shall be a Taxing Officer with power to tax the costs, as between party and party, or arising out of any application or appeal to the Appeals Tribunal.
(4) The remuneration of an advocate by his client in respect of any application or appeal shall be subject to taxation in the Appeals Tribunal and shall be governed by the rules and scales applicable to proceedings in the High Court.
(5) For the purposes of execution in respect of costs, the decision of the Appeals Tribunal directing taxation and the certificate of the Taxing Officer as to the result of such taxation shall together be deemed to be a decree.
55. Reference on taxation
(1) Any person who is dissatisfied with a decision of the Registrar in his capacity as Taxing Officer may require any matter of law or principle to be referred to the Chairman for his decision and the Chairman shall determine the matter as the justice of the case may require.
(2) Any person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to the Chairman who shall have power to make such deduction or addition as will render the bill reasonable.
(3) An application for reference may be made to the Registrar informally at the time of taxation or by writing within seven days after taxation.
56. Appeals Tribunal may give relief from fees and security for costs
(1) If in any appeal the Appeals Tribunal is satisfied on the application of an appellant that he lacks the means to pay the required fees or to deposit the security for costs and that the appeal is not without reasonable possibility of success, the Appeal Tribunal may by order direct that the appeal may be lodged–
(a) without prior payment of fees, or on payment of any specified sum less than the amount would have ordinarily been assessed and fixed; or
(b) without security for costs being lodged, or on lodging of any specified sum less than the amount which would have ordinarily been assessed and fixed.
(2) No fee shall be payable on the lodging of any such application.
(3) No fee or security for costs shall be payable or lodged by an appellant who has been granted legal aid under a judicial recognised by the Legal Aid Scheme.
PART VII
FINAL PROVISIONS
57. Application of other Laws
(1) Without prejudice to the provisions under these Rules, where any matter in a proceeding before the Appeals Tribunal is not expressly provided for by these Rules, the Civil Procedure Code * shall, mutatis mutandis, apply in relation to such matter.
(2) The Provisions of the Magistrates' Courts Act * relating to appeals from the District Courts to the High Court shall, mutatis mutandis, apply to appeals from Tribunals to the Appeals Tribunal.
(3) The Law of Limitation Act * shall apply in relation to appeals before the Appeals Tribunal.
58. Revocation of Rules
[The Rent Restriction (Appeals) Rules *, are hereby revoked.] {/mprestriction}