Tanzania
Answer ... The Civil Procedure Code sets out rules and guidelines in relation to disclosure in Tanzania.
The parties are allowed, with leave of the court, to deliver ‘interrogatories’ in writing to the opposing party with the aim of questioning that party.
The Civil Procedure Act provides that:
- such interrogatories must be limited to issues relating to the suit at hand; and
- a party can deliver only one set of interrogatories, unless otherwise allowed by the court.
Interrogatories may be set aside or struck out on the grounds that they are:
- vexatious;
- unreasonable or prolix;
- offensive;
- unnecessary; or
- scandalous.
Interrogatories are to be answered by affidavit, which must be filed within 10 days. If an interrogated party fails to answer or answers insufficiently, the interrogating party may apply to court for an order requiring it to answer.
Further, the parties to a suit are entitled to give notice to any other party in whose pleadings or affidavit reference to a document is made to produce such document for inspection by the party issuing such notice.
Tanzania
Answer ... The Civil Procedure Code provides for a third-party procedure whereby a defendant which claims against any person that is not a party to the suit any contribution or indemnity or any relief connected to the subject matter of the suit can serve notice on that third party:
- explaining the nature of the suit; and
- requiring the third party to file a written statement of defence.
Such notice can be served upon the third party only with leave of the court.
Once a third party has been served with such notice, it must file a defence and appear as a party to the suit.
In relation to interrogatories, once a party has joined the suit through the third-party procedure, the same rules on discovery as outlined in question 5.1 will apply.
Tanzania
Answer ... Under the Advocates (Professional Conduct and Etiquette) Regulations 2018, client attorney advocates are prohibited from sharing information acquired in the course of the attorney-client relationship to third parties.
The duty not to disclose such information exists even after termination of the attorney-client relationship.
An advocate also has a duty to impress upon his or her employees, associates and interns the importance of the duty not to disclose client information to third parties.
This privilege also extends to in-house counsel.
Tanzania
Answer ... Advances in science and technology have had no direct effect on the rules and guidelines governing disclosure in Tanzania. There have been no changes to the law on discovery due to such advances.
Tanzania
Answer ...
- Discovery must be limited to issues that are relevant to the suit.
- Discovery must be done with leave of the court.
- The party on which discovery in the form of interrogatories is served must answer by way of affidavit within 10 days of receipt of such interrogatories.