CHAPTER 141
APPELLATE JURISDICTION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Court Vacations Notice

   ORDERS

      The Tanzania Court of Appeal (Sub-Registries) (Establishment) Order

   RULES

      The Tanzania Court of Appeal Rules

NOTICES

THE COURT VACATIONS NOTICE

(Rule 24(1))

G.N. No. 115 of 1979

   It is hereby notified for general information that the vacations of the Tanzania Court of Appeal in every calendar year shall be as follows:

   1. From 15th December to 31st January, inclusively; and

   2. From the second Saturday before Easter to the first Tuesday after, inclusively.

   3. Subject to paragraph 2 every health officer shall complete a birth or death form, as the case may be, in respect of birth or death taking place in the health institutions.

ORDERS

THE TANZANIA COURT OF APPEAL (SUB-REGISTRIES) (ESTABLISHMENT) ORDER

G.Ns. Nos.
40 of 1980
158 of 1996

   1. This Order may be cited as the Tanzania Court of Appeal (Sub-registries) (Establishment) Order.

   2. There is hereby established a sub-registry of the Tanzania Court of Appeal in each of the places specified in the Schedule to this Order.

SCHEDULE

   (1)   Mwanza

   (2)   Arusha

   (3)   Dodoma

   (4)   Mtwara

   (5)   Tabora

   (6)   Mbeya

   (7)   Tanga

   (8)   Songea

   (9)   Moshi

   (10)   Bukoba.

RULES

THE TANZANIA COURT OF APPEAL RULES

ARRANGEMENT OF RULES

   Rule

Title

PART I
PRELIMINARY PROVISIONS

   1.   Citation and commencement.

   2.   Interpretation.

PART II
GENERAL ADMINISTRATIVE AND PROCEDURAL PROVISIONS

   3.   Practice and procedure of the Court.

   3A.   Language of the Court.

   4.   Registry and sub-registries.

   5.   Registrar.

   6.   Computation of time.

   7.   Dies non.

   8.   Extension of time.

   9.   Suspension of sentence and stay of execution.

   10.   Form of documents for use in proceedings of Court.

   11.   Power of Registrar or Registrar of High Court to reject documents.

   12.   Hours for lodging documents.

   13.   Documents may be lodged otherwise than at appointed place.

   14.   Signature of documents.

   15.   Endorsement of documents lodged.

   16.   Acceptance of documents lodged out of time.

   17.   Numbering of applications and appeals.

   18.   Form of amendments.

   19.   Maintenance of registers.

   20.   Process of Court and service.

   21.   Signature and sealing of summonses, etc.

   22.   Change of address for service.

   23.   Locus of appeals and notice of sittings.

   24.   Business during vacations.

   25.   Composition of Court at sitting.

   26.   Power of a single Judge.

   27.   Appeals to be heard in court.

   28.   Appearances.

   29.   Assignment of advocates.

   30.   Change of advocate.

   31.   Right of audience of advocates.

   32.   List of authorities and copies of judgments to be referred to.

   33.   Order of addresses.

   34.   Power to re-appraise evidence and to take additional evidence.

   35.   Power to call for report.

   36.   General powers of the Court.

   37.   Judgment.

   38.   Decisions to be embodied in orders.

   39.   Preparation of orders.

   40.   Correction of errors.

   41.   Notification of decisions.

PART III
APPLICATIONS

   42.   Application for leave to appeal or for certificate of point of law.

   43.   Application for leave to appeal in civil matters.

   44.   Applications to High Court first.

   45.   Form of applications to Court.

   46.   Supporting documents.

   47.   Applications for leave to amend.

   48.   Applications to be lodged in appropriate registry.

   49.   Where application is lodged in sub-registry.

   50.   Applications during vacations.

   51.   Number of copies of applications required.

   52.   Service of notice of motion.

   53.   Affidavits in reply.

   54.   Abatement of applications.

   55.   Hearing of applications by single Judge.

   56.   Hearing in Court or in chambers.

   57.   Reference from decision of single Judge.

   58.   Procedure on non-appearance.

   59.   Rescinding of orders.

PART IV
CRIMINAL APPEALS

   60.   Application of Part IV.

   61.   Notice of appeal.

   62.   Consolidation of appeals.

   63.   Transmission of notices of appeal.

   64.   Preparation of record of appeal.

   65.   Memorandum of appeal.

   66.   Supplementary memorandum.

   67.   Presentation of arguments in writing.

   68.   Where appellant is in prison.

   69.   Transmission of record, etc., to Court.

   70.   Withdrawal of appeals.

   71.   Abatement of appeals.

   72.   Notice and time of hearing.

   73.   Appearance at hearing and dismissal for non-appearance.

   74.   Arguments at hearing.

PART V
APPEALS IN CIVIL MATTERS

   75.   Application of Part V.

   76.   Notice of appeal.

   77.   Service of notice of appeal on person affected.

   78.   Transmission of notice of appeal.

   79.   Respondent to give address for service.

   80.   Death of respondent before service of notice.

   81.   Separate notices of appeal from same decision.

   82.   Application to strike out notice of appeal or an appeal.

   83.   Institution of appeals.

   84.   Effect of default in instituting appeal.

   85.   Death of party to intended appeal.

   86.   Memorandum of appeal.

   87.   Notice of cross-appeal.

   88.   Contents of decrees and orders for purposes of appeal.

   89.   Record of appeal.

   90.   Service of memorandum and record of appeal.

   91.   Notification and transmission of papers to Registrar.

   92.   Preparation and service of supplementary record.

   93.   Notice of grounds for affirming decision.

   94.   Service of notice of cross-appeal or of grounds for affirming decision.

   95.   Withdrawal of appeal.

   96.   Appeal by respondent where appeal withdrawn.

   97.   Withdrawal of notice of cross-appeal or of grounds for affirming decision.

   98.   Death of party to appeal.

   99.   Presentation of arguments in writing.

   100.   Preliminary objection.

   101.   Notice of hearing.

   102.   Additional parties.

   103.   Consolidation of appeals.

   104.   Amendment of documents.

   105.   Appearance at hearing and procedure on non-appearance.

   106.   Arguments at hearing.

   107.   Orders as to costs.

   108.   Immaterial errors.

   109.   Interlocutory order not to prejudice appeal.

   110.   Judgment.

   111.   Order for retrial.

PART VI
FEES AND COSTS

   112.   Fees payable.

   113.   Time of payment of fees.

   114.   Security for costs in civil appeals.

   115.   Assessment or taxation of costs.

   116.   Costs improperly incurred.

   117.   Improper agreement for remuneration.

   118.   Taxation.

   119.   Reference on taxation.

   120.   Waiver of fees in criminal appeals.

   121.   Refund of fees paid in criminal appeals.

   122.   Relief from fees and security in civil appeals.

PART VII
MISCELLANEOUS PROVISIONS

   123.   [Application of Rules.]

   124.   [Transitional provisions.]

SCHEDULES

THE TANZANIA COURT OF APPEAL RULES

(Section 12)

G.Ns. Nos.
102 of 1979
103 of 1984
125 of 1985
451 of 1985
388 of 1987
78 of 1989
222 of 1994
114 of 1996
120 of 1996
238 of 1997
240 of 1997
278 of 1999
312 of 2002
375 of 2002

PART I
PRELIMINARY PROVISIONS (rules 1-2)

1.   Citation and commencement

   These Rules may be cited as the Tanzania Court of Appeal Rules, and shall come into operation on the twenty-eighth day of September, 1979.

2.   Interpretation

   (1) In these Rules, unless the context requires otherwise–

   "advocate" means a person who, under Rule 31, has a right of audience before the Court;

   "appeal" in relation to appeals to the court, includes an intended appeal, and "appellant" includes an intended appellant;

   "appellate jurisdiction" in relation to the High Court includes its jurisdiction in matters of revision, review, reference, case stated and point of law reserved;

   "appropriate registry" has the meaning assigned to it by Rule 4;

   "Chief Justice" means the Chief Justice of the Court of Appeal of the United Republic of Tanzania and, in relation to the hearing of any appeal or to the delivery of judgment on an appeal, includes the presiding Judge of the Court as constituted for that appeal;

   "Constitution" means the Constitution of Tanzania entitled "Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka 1977 *", or the English translation, if any, of that Constitution published in the Gazette;

   "Court" means the Court of Appeal of the United Republic of Tanzania established by the Constitution, and includes any division of that Court and a single Judge exercising any power vested in him sitting alone;

    "dies non" means a Sunday or a public holiday, and includes any other day on which the Registry is closed;

   "deputy registrar" means a deputy registrar of the Court, and includes any officer of the High Court appointed by the Chief Justice to be a deputy registrar of the Court;

   "High Court" means the High Court of the United Republic of Tanzania established by the Constitution and, for the purposes of appeals to the Court, includes a subordinate court with extended jurisdiction from which an appeal may lie direct to the Court; and the expression "trial judge" includes a magistrate exercising extended jurisdiction;

   "Judge" means a Judge of the Court acting as such;

   "notice of appeal" in relation to a criminal appeal, means a notice lodged in accordance with Rule 61, and, in relation to a civil appeal, means a notice lodged in accordance with Rule 76;

   "notice of cross-appeal" means a notice lodged in accordance with Rule 87;

   "notice of grounds for affirming the decision" means a notice lodged in accordance with Rule 93;

   "prison" means a prison established or deemed to have been established under section 23 of the Prisons Act *, and includes any other place of detention to which any person may have been committed by a court;

   "Registrar" means the Registrar of the Court, and includes a deputy registrar of the Court;

   "Registrar of the High Court" means the Registrar of the High Court, and includes a district and a deputy registrar of that court;

   "Registry" means the Registry of the Court and, where one has been established, includes a sub-registry of the Court;

   "respondent", in relation to a civil application, includes any person on whom the notice of motion has been served and, in relation to a civil appeal, includes any person on whom a notice of appeal has been served and any person other than the appellant on whom a notice of cross appeal has been served.

   (2) Any reference to a party to an appeal shall include the advocate acting for that party in the appeal, but an advocate shall not be deemed to be acting for a party by reason only of his having acted for that party in the proceedings from which the appeal is brought.

PART II
GENERAL ADMINISTRATIVE AND PROCEDURAL PROVISIONS (rules 3-41)

3.   Practice and procedure of Court

   (1) The practice and procedure of the Court in connection with appeals and intended appeals from the High Court, and the practice and procedure of the High Court in connection with appeals to the Court shall be as prescribed in these Rules, but the Court may at any time, direct a departure from these Rules in any case in which this is required in the interests of justice.

   (2) Where it is necessary to make an order for the purposes of–

   (a)   dealing with any matter for which no provision is made by these Rules or any other written law;

   (b)   better meeting the ends of justice; or

   (c)   preventing an abuse of the process of the Court,

the Court may, on application or on its own motion, give directions as to the procedure to be adopted or make any other order which it considers necessary.

3A.   Language of the court

   The language of the court shall be either English or Kiswahili as the Chief Justice or, as the case may be, the presiding Judge holding such court, shall direct, but the judgment, Order or decision of the court shall be in English.

4.   Registry and sub-registries

   (1) The Registry shall be situated at Dar es Salaam, but where the Court is sitting or about to sit in any place other than Dar es Salaam, then, for the purposes of any application or appeal to be heard in that place, the Registry shall be deemed to be situated in that place.

   (2) The Chief Justice may, by order published in the Gazette, establish such number of sub-registries in such places in Tanzania as he may determine.

5.   Registrar

   The President shall, after consultation with the Chief Justice, appoint, on such terms and conditions as he may specify, a Registrar of the Court who shall be the chief administrative officer of the Court.

6.   Computation of time

   Any period of time fixed by these Rules or by any decision of the Court for doing any act shall be reckoned in accordance with the following provisions–

   (a)   a period of days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;

   (b)   if the last day of the period is a dies non, the period shall include the next following day not being a dies non;

   (c)   where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be a dies non, the act or proceeding shall be construed as done or taken in due time if it is done or taken on the next day afterwards not being a dies non;

   (d)   where any act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, a dies non shall not be reckoned in the computation of time;

   (e)   unless the Court directs otherwise, the period of the Christmas vacation shall not be reckoned in the computation of time.

7.   Dies non

   Save as is provided in Rule 6, in computing time limited for any act or proceeding under these Rules a dies non shall be reckoned unless that day is the last day of that time, in which case it shall be excluded from that computation.

8.   Extension of time

   The Court may, for sufficient reason, extend the time limited by these Rules or by any decision of the Court or of the High Court for the doing of any act authorised or required by these Rules, whether before or after the expiration of that time and whether before or after the doing of the act, and any reference in these Rules to any such time shall be construed as a reference to that time as so extended.

9.   Suspension of sentence and stay of execution

   (1) No sentence of death or corporal punishment shall be carried out until the time for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined.

   (2) Subject to the provisions of subrule (1), the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the Court may–

   (a)   in any criminal proceedings, where notice of appeal has been given in accordance with Rule 61, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal;

   (b)   in any civil proceedings, where a notice of appeal has been lodged in accordance with Rule 76, order a stay of execution,

on such terms as the Court may think just.

10.   Form of documents for use in proceedings of Court

   (1) Except where the nature of the document renders it impracticable, every document prepared for use in the Court shall be on foolscap paper of durable quality; only one side of the paper shall be used and a margin of not less than one and a half inches shall be left on the left side of the sheet to permit of binding in book form.

   (2) All documents prepared for use in the Court shall be clear and easily legible and may be printed, mimeographed, typewritten, written or reproduced in photostat, photography, type lithography, stencil duplicating, xerography or in any combination of those media.

   (3) In every criminal appeal, the record of appeal and, in every civil appeal, the memorandum of appeal together with the record of appeal,shall be bound in book form with a cover of stout paper and may be in volumes more than one, and the title of the appeal shall appear on the cover.

   (4) The pages of every application and, in criminal cases, of the record of appeal, and in civil cases, of the memorandum of appeal and the record of appeal shall be numbered consecutively.

   (5) In all applications and appeals, every tenth line of each page of the record shall be indicated in the margin on the right side of the sheet.

   (6) Whatever medium is adopted for the production and reproduction of documents for use in the Court, the taxing officer shall on taxation allow only those costs which would in his opinion have been incurred by using the most economical method permitted or available.

11.   Power of Registrar or Registrar of High Court to reject documents

   (1) The Registrar or the Registrar of the High Court, as the case may be, may refuse to accept any document which does not comply with the requirements of Rule 10.

   (2) Subject to the provisions of Rules 120 and 122, the Registrar or the Registrar of the High Court, as the case may be, shall not accept any document tendered without the required fee, if any, or in the case of the memorandum of appeal in a civil appeal, the lodging of security for costs.

   (3) If as a result of an error, a document is accepted which ought to have been rejected under subrule (2), the document shall be deemed to have been duly lodged but the person who lodged it shall, as soon as practicable after the error is discovered, pay the required fee or the balance of it or lodge the required security.

   (4) Any person who is dissatisfied with a decision of the Registrar, or of the Registrar of the High Court, rejecting any document under this Rule, may require the matter to be referred to a Judge for his decision and an application under this subrule may be made informally at the time when the decision is given or in writing within seven days after the decision.

12.   Hours for lodging documents

   The Chief Justice may from time to time direct what hours during which the Registry or any sub-registry of the High Court shall be open for the receipt of documents lodged under the provisions of these Rules.

13.   Document may be lodged otherwise than at appointed place

   (1) Notwithstanding the appointment of any appropriate registry by or under these Rules as the place where any document is to be lodged, the Registry may in any particular case permit the lodging of any document in the Registry or in any sub-registry; and an application for such permission may be made informally but shall be in writing.

   (2) The Registrar or a deputy registrar receiving a document so lodged shall forthwith send it to the appropriate registry, at the expense of the applicant, except where the document is lodged with the Registrar and is one which, if lodged in the appropriate registry, would have been required by these Rules to be sent to the Registrar.

14.   Signature of documents

   (1) Any document may be signed on behalf of the person making it by any person entitled under Rule 28 to appear on his behalf.

   (2) In or in relation to criminal appeals, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under Rule 28 to appear on his behalf or by any person in whose care that person may be for the time being, including a medical officer, a police or prison officer.

15.   Endorsement of documents lodged

   Whenever any document is lodged in the Registry or in a sub-registry or in the registry of the High Court under or in accordance with these Rules, the Registrar or deputy registrar or the Registrar of the High Court, as the case may be, shall forthwith cause it to be endorsed, showing the date and time when it was lodged.

16.   Acceptance of documents lodged out of time

   (1) The Registrar or the Registrar of the High Court, as the case may be, shall not refuse to accept any document on the ground that it is lodged out of time, but shall mark the document "Lodged Out of Time" and inform the person lodging it of that fact.

   (2) When a document is accepted out of time by the Registrar of the High Court, he shall inform the Registrar of that fact.

17.   Numbering of applications and appeals

   (1) Every application to the Court, other than an application made informally in the course of a hearing, shall, whether lodged before or after the institution of an appeal, be given a serial number and for this purpose there shall be maintained in the Registry and in each sub-registry two series of numbers for each calendar year, one for criminal and one for civil applications, and the serial number shall be prefixed by letters indicative of the Registry or sub-registry.

   (2) Every criminal appeal shall be given a serial number in the Registry, which number shall be allotted as soon as the notice of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.

   (3) Every civil appeal shall be given a serial number in the registry, which number shall be allotted as soon as the memorandum of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.

18.   Form of amendments

   (1) Where any person obtains leave to amend any document, the document itself may be amended or, if it is convenient, an amended version of the document may be lodged.

   (2) Where any person lodges an amended version of a document, he shall show clearly–

   (a)   any words or figures deleted from the original, by including those words or figures and striking them through with red ink, so that what was written remains legible;

   (b)   any words or figures added to the original, by writing them in red ink or underlining them in red ink.

   (3) Where any record of appeal includes any amended document, the amendments shall similarly be shown in each copy of the record of appeal.

19.   Maintenance of registers

   (1) The Registry shall maintain–

   (a)   a register of criminal applications, in which shall be entered particulars of every application lodged in the Registry or sent to the Registrar by any deputy registrar relating to a criminal appeal;

   (b)   a register of civil applications, in which shall be entered particulars of every application lodged in the Registry or sent to the Registry by any deputy registrar relating to a civil appeal;

   (c)   a register of criminal appeals, in which shall be entered particulars of every notice of appeal lodged in any criminal matter and of the subsequent proceedings; and

   (d)   a register of civil appeals, in which shall be entered particulars of every notice of appeal lodged in any civil matter and of the subsequent proceedings.

   (2) Every deputy registrar in charge of a sub-registry shall maintain–

   (a)   a register of criminal applications, in which shall be entered particulars of every application lodged in his sub-registry relating to a criminal appeal; and

   (b)   a register of civil applications, in which shall be entered particulars of every application lodged in his sub-registry relating to a civil appeal.

   (3) The registers maintained under this Rule shall show the number of the application or appeal, the number of the proceedings in the High Court, the names of the parties, the dates when the essential steps in the proceedings were taken and the result of the application or appeal; but registers maintained in a sub-registry need not show the result of applications, but shall show the dates when the material documents were sent to the Registrar.

   (4) The registers of criminal and civil appeals shall in addition contain against the entry relating to each appeal a reference to every application made in relation to that appeal, whether made before or after the institution of the appeal.

20.   Process of Court and service

   (1) Where by these Rules any document is required to be served on any person, service may be effected in such way as the Court may in any case direct, which shall normally be in such manner as would be appropriate if it were a process of the High Court, and in the absence of any special direction shall be made personally on the person to be served or any person entitled under Rule 28 to appear on his behalf; but where a party to any proceeding has given an address for service, service may be effected by delivery at that address.

   (2) Where any document is required to be served on the appellant or on the respondent, or on two or more appellants or respondents as the case may be, represented by one advocate, it shall be sufficient if one copy of that document is served on that advocate.

   (3) For the purpose of this Rule, service on a partner or a clerk of an advocate at the office of the advocate shall be deemed to be service on the advocate.

   (4) Where any person out of the jurisdiction of the Court is a necessary or proper party to a proceeding the Court may allow service out of the jurisdiction of any document required to be served upon that party or that notice of that document be served in lieu of the document.

   (5) Proof of service may be given where necessary by affidavit, unless in any case the Court requires proof by oral evidence.

   (6) If the person to be served is in prison, service may be effected by transmitting the document to the officer in charge of the prison for delivery to the prisoner, and service on the prisoner may be proved by a letter purporting to be signed by the officer in charge of the prison and certifying that the document was delivered to the prisoner on a specified date.

   (7) Where any document is required to be sent to any person, the document may be sent by hand or by registered post to that person or to any person entitled under Rule 28 to appear on his behalf and notice of the date fixed for the hearing of an application or appeal or for the delivery of judgment or the reasons for any decision may be given by telephone or telegram.

   (8) Where by these Rules a party is required to serve any document on another party within a limited time, and by virtue of this Rule or any other written law or order of the Court that document is required to be served by or through a process server or other officer of any court, the party shall be deemed to have served the document in due time if within the time limited for service he files the document in the Registry together with any necessary copies and a requisition for service and pays all fees and charges payable in respect of it, but if the party is required to assist the officer by identifying the person to be served or otherwise, he shall do so with all due diligence and in default of so doing shall be deemed to have failed to serve the other party in due time.

21.   Signature and sealing of summonses, etc.

   Every summons, warrant, order, notice or other mandatory process of, or formal document issued by, the Court shall be signed by a Judge or by the Registrar and shall be sealed with the seal of the Court.

22.   Change of address for service

   A person who has given an address for service may at any time change his address for service by lodging a notice of such change in the appropriate registry and serving copies of it on all persons who have been served with the previous address.

23.   Locus of appeals and notice of sittings

   (1) The Court shall sit, and appeals shall be heard by the Court, in such places in Tanzania as the Chief Justice may from time to time determine.

   (2) The sittings of the Court and the matters to be disposed of at those sittings shall be advertised and notified in such manner as the Chief Justice may direct, but the Court may at any sitting, dispose of, any matter or business which has not been advertised or notified.

24.   Business during vacations

   (1) The vacations of the Court and the arrangement for business during vacations shall be determined by the Chief Justice and shall be advertised and notified in such manner as he may direct.

   (2) No business may be conducted during vacations, unless the Chief Justice directs otherwise, except the delivery of judgment and, when the matter is shown to be of urgency, the hearing of applications and the taxation of bills.

25.   Composition of Court at sitting

   Save where a matter is dealt with by a single Judge, for the purpose of hearing any appeal the Court shall consist of three Judges selected by the Chief Justice for that purpose.

26.   Power of a single Judge

   A single Judge may exercise any power vested in the Court, which does not involve the decision of an appeal, but if any Judge rejects any application for the exercise of the power, the person making that application shall be entitled to have his application determined by the Court.

27.   Appeals to be heard in court

   (1) Every appeal shall be heard in court, to which all members of the public shall have access so far as space in the court permits and so long as they conduct themselves in an orderly manner, subject to subrules (2) and (3).

   (2) The presiding Judge may, if in exceptional circumstances he is satisfied that the interests or justice so require, direct that the public of any particular person or category of persons be excluded or removed from the court in which an appeal is being heard.

   (3) No child (other than an infant in arms) shall be permitted to be present in court during the hearing of any appeal, or during any proceedings preliminary to the hearing, except during such time as his presence is required as a witness or for other purposes of justice; and where any child is in court contrary to this subrule he shall be ordered to be removed.

   (4) Nothing in this Rule shall be construed so as to prejudice other inherent powers of the Court to hear proceedings in camera.

28.   Appearances

   (1) Subject to the provisions of Rule 73, a party to any proceedings in the Court may appear in person or by advocate.

   (2) A person not resident in the United Republic may appear by lawfully authorised attorney.

   (3) A corporation may appear either by advocate or by its director or manager or secretary, who is appointed by resolution under the seal of the company, a sealed copy of which shall be lodged with the Registrar.

   (4) Any person under disability may appear by advocate or by his committee, next friend or guardian ad litem as the case may be. Where any person has acted as next friend or guardian ad litem in the court below for a person under disability and the person under disability becomes respondent in an appeal to the Court, the next friend or guardian ad litem may, if he desires to act as such in the appeal, lodge a consent to act as such and shall thereupon be deemed to have been duly appointed. In any other case, the Court may appoint a guardian ad litem for the purpose of an appeal. The Court may at any time remove and replace any guardian ad litem, however appointed.

29.   Assignment of advocates

   (1) In any criminal application or appeal, the Chief Justice or the presiding Judge may at any time assign an advocate to represent an applicant or appellant if it appears desirable in the interests of justice.

   (2) In any civil appeal involving a point of law of public importance, if the Chief Justice is satisfied that any appellant or respondent lacks the means to employ an advocate, he may, with the consent of that appellant or respondent, as the case may be, assign an advocate to represent him and may require that appellant or respondent, as a condition of having an advocate assigned to him, to undertake to refund the fees and expense of the advocate out of any money or property he may recover in or in consequence of the appeal.

   (3) The fees and expenses of an advocate assigned under the provisions of subrule (1) or subrule (2) shall be as set out in the Fourth Schedule to these Rules and the same shall be defrayed out of the funds of the court:

   Provided that the Chief Justice may, in special circumstances, direct that higher fees be paid.

   (4) The Registrar may take such action as he may think necessary to enforce any undertaking given in accordance with subrule (2) and any moneys so recovered shall be paid into the Consolidated Fund.

30.   Change of advocate

   Where any party to an application or appeal changes his advocate or, having been represented by an advocate, decides to act in person or, having acted in person engages an advocate, he shall, as soon as practicable, lodge with the Registrar notice of the change and shall serve a copy of the notice on the other party appearing in person or separately represented, as the case may be.

31.   Right of audience of advocates

   (1) The Attorney-General, the Director of Public Prosecutions or the Chief Corporation Counsel of the Tanzania Legal Corporation, when appearing as such in any application or appeal, whether of his own motion or at the instance of the Court, shall have the right of audience in the Court and shall take precedence over all other advocates; but where only the Attorney-General and the Chief Corporation Counsel of the Tanzania Legal Corporation appears as such, the Attorney-General shall take precedence.

   (2) Other legal officers of the State or of the Tanzania Legal Corporation shall have the right of audience before the Court in all proceedings within the scope of their official duties.

   (3) Every advocate who is for the time being entitled to practise before the High Court shall have the right of audience before the Court save that an advocate who has been struck off the roll of advocates or who is under suspension from practice in the United Republic shall have no right of audience in the Court, notwithstanding that he may be entitled to practise in any other country.

   (4) Any other person entitled to appear as counsel or advocate before any court of unlimited jurisdiction in any country in the Commonwealth shall, if licensed in that behalf by the Chief Justice and subject to payment of the prescribed fee, have the right of audience before the Court in respect of any one appeal, including any cross-appeal heard with it, or any two or more appeals consolidated for hearing.

32.   List of authorities and copies of judgment to be referred to

   (1) An advocate who intends, at the hearing of any application or appeal, to rely on the judgment in any reported case or to quote from any book shall lodge with the Registrar or with the deputy registrar at the place where the application or the appeal is to be heard, a list containing the titles of the case or cases with their citations and the names, authors and editions of the book or books, and shall serve a copy of that list on the other party or on each other party appearing in person or separately represented, as the case may be; but a supplementary list may, when necessary, be produced at the time of the hearing.

   (2) The list shall be in quadruplicate, except in the case of an application to be heard by a single Judge, when it shall be in duplicate, and shall be lodged at least twenty-four hours before the application or appeal is due to be heard.

   (3) An advocate who intends, at the hearing of an application or appeal, to rely on the judgement in any unreported case shall, at or before the hearing, produce a certified or a photostat copy of that judgement and, except in the case of an application to be heard by a single Judge, two other copies of it for the use of the Court, and in every case, one copy for the use of the other party, or each other party appearing in person or separately represented, as the case may be.

33.   Order of addresses

   (1) The Court shall, at the hearing of an application or appeal, hear first the applicant or appellant, then the respondent and then the applicant or appellant in reply.

   (2) At the hearing of an appeal where notice of a cross-appeal has been given, the Court will ordinarily hear the appellant first on the appeal, then the respondent on the appeal and on the cross-appeal, then the appellant in reply on the appeal and on the cross-appeal and finally the respondent in reply on the cross-appeal.

   (3) The Court may dismiss but shall not allow any preliminary objection, application, appeal or cross-appeal without calling on the opposing party.

   (4) After hearing the opposing party, the Court may allow but shall not dismiss any preliminary objection, application, appeal or cross-appeal without giving the objector, applicant, appellant or cross-appellant an opportunity to reply.

   (5) The provisions of this Rule shall apply where notice of grounds for affirming the decision has been given, in the same way in all respects as where notice of cross-appeal has been given.

34.   Power to re-appraise evidence and to take additional evidence

   (1) On any appeal from a decision of the High Court acting in the exercise of its original jurisdiction, the Court may–

   (a)   re-appraise the evidence and draw inferences of fact; and

   (b)   in its discretion, for sufficient reason, take additional evidence or direct that additional evidence be taken by the trial court or by a commissioner.

   (2) When additional evidence is taken by the Court, it may be oral or by affidavit, and the Court may allow the cross-examination of any deponent.

   (3) When additional evidence is taken by the trial court, it shall certify such evidence to the Court, with a statement of its own opinion on the credibility of the witness or witnesses giving the additional evidence; when evidence is taken by a commissioner, he shall certify the evidence to the Court, without any statement, of his own opinion on the credibility of the witness or witnesses.

   (4) The parties to the appeal shall be entitled to be present when any additional evidence is being taken, but that evidence shall not be taken on the presence of any assessor.

35.   Power to call for report

   In dealing with any appeal before it, the Court may, if it thinks fit, call for and receive from the trial court a report on any matter connected with the trial proceedings.

36.   General powers of the Court

   The Court may, in dealing with any appeal, so far as its jurisdiction permits, confirm, reverse or vary the decision of the High Court, or remit the proceedings to the High Court with such directions as may be appropriate, or to order a new trial, and to make any necessary incidental or consequential orders, including orders as to costs.

37.   Judgement

   (1) At the close of the hearing of an application or appeal, the Court may give its judgement at once or on some future day which may be appointed then or subsequently notified to the parties.

   (2) In criminal applications (other than applications heard by a single Judge) and criminal appeals, one judgement shall be given as the judgement of the Court, but a Judge who dissents shall not be required to sign the judgement and in any particular case, the presiding Judge may direct that separate judgements be given.

   (3) In civil applications (other than applications heard by a single Judge) and civil appeals, separate judgements shall be given by the members of the Court unless, the decision being unanimous, the presiding Judge directs otherwise.

   (4) Subject to subrule (5), the judgement or judgements of the Court on an application shall, where the application was heard in chambers, be delivered in chambers, and the judgement or judgements on an application heard in court and the judgement or judgements on an appeal shall be delivered in court.

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