Litigation Dispute Resolution Comparative Guide -

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

The system of jurisprudence that applies in Tanzania is the English common law legal system, with a mix of customary law and Islamic law for probate and matrimonial matters.

In both criminal and civil matters, the system of jurisprudence is aimed at:

facilitating the resolution of disputes; and
ensuring that the rule of law is observed.

1.2 What rules govern litigation in your jurisdiction?

The Constitution of Tanzania (Cap 2 RE 2019);
The Judicature and Application of Laws Act (Cap 2 RE 2019);
The Civil Procedure Code (Cap 33 RE 2019);
The Criminal Procedure Act (Cap 20 RE 2019);
The Government Proceedings Act (Cap 5 RE 2019);
The Court of Appeal Rules 2009 (RE 2019);
The Reciprocal Enforcement of Judgments Act (Cap 8 RE 2019); and
The Arbitration Act (Cap 15 RE 2019).

1.3 Do any special regimes apply to specific claims?

Yes. The English common law system applies to:

civil and commercial litigation; and
criminal matters.

Customary and Islamic laws apply to family matters such as:

probate and the administration of estates;
succession; and
in some cases, matrimonial matters.

1.4 Which bilateral and multilateral instruments have relevance to litigation in your jurisdiction?

The International Covenant on Civil and Political Rights;
The International Covenant on Economic and Cultural Rights;
The African Charter on Human and People's Rights;
The Paris Convention for the Protection of Industrial Property; and
The Berne Convention for the Protection of literally and Artistic Works.

2 Judicial structure

2.1 What courts exist in your jurisdiction and how are they structured?

The Court of Appeal of Tanzania is the country's supreme court. Its primary function is to deal with the interpretation of law in respect of all appeals from the High Court.
The High Court of Tanzania has both original and appellate jurisdiction. The High Court of Tanzania is established under Article 108 A of the Constitution of the united Republic of Tanzania. The High Court has various divisions which have been given power to preside over specific matters. Examples include the following:
- The High Court of Tanzania Labour Division deals specifically with employment and labour disputes. Established under Section 50 of the Labour Institutions Act, it has the power, among other things, to:
- - hear and determine appeals of decisions of the registrar of trade unions, employers' associations and federations;
  - review and revise arbitral awards and decisions of the Essential Committee; and Employment
  - review decisions, codes, guidelines and regulations issued by the Minister of State, Prime Minister's office – Labour, youth an
  - The High Court of Tanzania Land Division deals specifically with disputes relating to land. Section 37 of the Land Disputes Courts Act gives this court jurisdiction to determine the following disputes:
  - proceedings for the recovery of possession of immovable property in which the value of the property exceeds TZS 300,000;
  - other proceedings where the value of the subject matter exceeds TZS 200,000;
  - all proceedings under the Tanzania Investment Act, the Land Act and the Land Acquisition Act in respect of proceedings involving the government;
  - all proceedings involving public corporations specified in the Rent Restriction (Exemption) (Specified Parastatals) Order and other disputes of national interest; and
  - all such other proceedings relating to land under any written law in respect of which jurisdiction is not limited to any particular court or tribunal.
- The High Court of Tanzania Commercial Division deals specifically with commercial disputes whose subject matter is at least TZS 100 million in case of proceedings for recovery of possession of immovable property and at least TZS 70 million where the subject matter is capable of being estimated at money value.
- The High Court (Corruption and Economic and Organised Crimes) Division was established under the Economic and Organised Crimes Control Act Cap. 20 RE 2022 and has the power to adjudicate and determine economic and organised crimes cases, as well as corruption cases.
District land and housing tribunals: These tribunals have the power to:
- determine disputes involving land whose subject matter is less than TZS 300 million; and
- hear and determine appeals from the Ward Tribunal and revise any decisions of the Ward Tribunal.
District courts and resident magistrate courts: District courts have jurisdiction to hear and determine criminal and civil matters. For civil matters, district courts have jurisdiction over disputes within the district for which each court is established. District courts have powers under Section 40 of the Magistrates Courts Act to hear and determine disputes whose value is below TZS 70 million. Magistrates courts are given powers under Section 41 of the Magistrates Courts Act and have original jurisdiction in both civil and criminal matters. The Magistrates Courts Act further gives magistrates courts jurisdiction to determine disputes as specified by various laws, including:
- the Bankruptcy Act;
- the Probate and Administration of Estates Act; and
- the Intoxicating Liquors Act (under the Second Schedule to the Magistrates Courts Act, read together with Section 41 of the act).
Primary court: The primary court is the lowest-ranking court in Tanzania. It has original jurisdiction to deal with:
- civil and contractual matters whose pecuniary jurisdiction does not exceed TZS 30 million; and
- matters related to Islamic law or customary law.
There are also quasi-judicial tribunals, such as:
- the Fair Competition Tribunal;
- the Commission for Mediation and Arbitration;
- the Tax Revenue Appeals Board and tribunals; and
- district land and housing tribunals

2.2 What specialist courts or tribunals exist in your jurisdiction?

The High Court of Tanzania (Corruption and Economic Crimes Division);
The High Court of Tanzania (Commercial Division);
The High Court of Tanzania (Land Division);
The High Court of Tanzania (Labour Division);
The district land and housing tribunals;
The Fair Competition Commission;
The Tax Revenue Appeals Board and tribunals; and
dispute settlement committees under the Tanzania Communications Regulatory Authority.

3 Pre-litigation

3.1 What formalities apply before litigation can be commenced in your jurisdiction?

If a company wishes to commence litigation, the board of directors must sanction the litigation by passing a resolution to authorise the institution of the suit.

There is a requirement to issue a notice of intent to commence legal action, but only in relation to suits against the government. For suits that do not involve the government, there is no legal requirement to issue a notice; however, issuing a notice will assist the party instituting the suit in claiming for costs at a later stage.

3.2 Do any pre-action protocols or similar rules apply prior to the commencement of litigation? What are the consequences of non-compliance?

Notice must be provided when suing the government; failure to issue such notice will constitute grounds for striking out the suit.

3.3 What other factors should a party consider before commencing litigation in your jurisdiction?

Whether the suit complies with the statute of limitations (ie, is not time barred);
The pecuniary jurisdiction of the court in which the suit is being instituted;
Whether the subject matter of the suit falls within the jurisdiction of a specific court or tribunal; and
Whether notice must be issued as per the statutory requirements.

4 Commencing litigation

4.1 What rules on limitations periods apply in your jurisdiction?

The Law of Limitation Act [Cap 89 RE 2019] sets out the limitation periods for the institution of various suits;
The Civil Procedure Code [Cap 33 RE 2019] sets out the limitation periods for the filing of different applications under the act; and
Other laws, such as the Probate and Administration of Estate Act, also include provisions on limitation periods.

4.2 What rules on jurisdiction and how this is determined apply in your jurisdiction?

There are different rules on jurisdiction. For instance:

the rules on pecuniary jurisdiction determine a court's jurisdiction based on the pecuniary value of the claim;
the rules on territorial jurisdiction determine a court's jurisdiction based on the cause of action or where the offence was committed; and
in certain cases, the subject matter of the suit determines jurisdiction – for example, the following matters are handled by specific tribunals:
- employment matters;
- land matters;
- tax disputes; and
- competition disputes.

4.3 Are class actions permitted in your jurisdiction?

Yes, class actions are permitted. The Civil Procedure Code allows for class actions through what are called 'representative suits'.

4.4 What are the formal requirements for commencing litigation?

The main requirement is the existence of a dispute. The parties involved in a dispute are free to commence litigation in a court of competent jurisdiction. In order to ascertain the competence of the court before which the case is filed, the plaint/statement of fact must include the following information about the suit:

the cause of action;
the pecuniary jurisdiction; and
where the dispute arose.

There is a statutory requirement to issue notice of the intention to institute legal proceedings in the case of suits against the government.

4.5 What are the procedural and substantive requirements for commencing litigation?

the cause of action;
the pecuniary jurisdiction; and
where the dispute arose.

There is a statutory requirement to issue notice of the intention to institute legal proceedings in the case of suits against the government.

4.6 Are interim remedies available in your jurisdiction? If so, how are they obtained?

Yes. Interim remedies are available through the filing of an application for an interlocutory order in court. In order for a court to grant an application for an injunction, a suit must be pending before the court.

4.7 Under what circumstances must security for costs be provided?

A foreign party to a suit may be ordered to pay security for costs. This applies to parties which:

are not Tanzanian citizens; and
have no immovable property in Tanzania.

Where these criteria are met, upon an application by a party or at its own discretion, the court may order the foreign party to deposit security for costs in court.

5 Disclosure

5.1 What rules apply to disclosure in your jurisdiction? Do any exceptions apply to certain types of documents?

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.

5.2 What rules on third-party disclosure apply in your jurisdiction?

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.

5.3 What rules on privilege apply in your jurisdiction? Does attorney-client privilege extend to in-house counsel?

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.

5.4 How have technological advances affected the disclosure process in your jurisdiction?

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.

5.5 What specific considerations should be borne in mind during the disclosure process, for both plaintiff and defendant?

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.

6 Evidence

6.1 What types of evidence are permissible in your jurisdiction?

Oral evidence;
Documentary evidence; and
Electronic evidence.

6.2 What rules apply to expert evidence in your jurisdiction? What specific considerations should be borne in mind when preparing and presenting expert evidence?

The Evidence Act provides for expert evidence to be given on matters relating to:

foreign law;
art;
science;
handwriting; or
fingerprints.

Expert evidence must be:

given by a person who is qualified and has specialised knowledge of the subject;
based on facts that are admissible in court; and
relevant to the case at hand.

6.3 What other factors should be borne in mind when preparing and presenting evidence in your jurisdiction?

Whether the evidence is admissible; and
Whether the evidence is relevant to the facts in issue.

7 Court proceedings

7.1 What case management powers do the courts have in your jurisdiction?

Courts have the power to:

reject pleadings if they are of the opinion that the pleadings contravene legal requirements;
order parties to amend pleadings before admitting them;
set dates for appearances and issue summons; and
order parties to file additional documents if these are deemed necessary for the determination of the issues at hand.

7.2 Are court proceedings in your jurisdiction public or private? If the former, are any options available to the parties to keep the proceedings or related information confidential?

Court proceedings in Tanzania are generally public, except where minors are involved; in such cases, the proceedings are in camera or closed off to the public.

Unless allowed or required by a specific law, the proceedings and records of cases are generally public and there are no laws in place to keep the same private.

7.3 How is the applicable law determined? What happens in the event of a conflict of laws?

The applicable law is determined on the basis of the subject matter of the suit.

In case of a conflict of laws which a party brings to the attention of the court, the court has discretion to issue an order determining which law would be applicable.

7.4 What rules apply to the joinder of third parties?

explaining the nature of the suit; and
requiring the third party to file a written statement of defence.

Such a 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.

7.5 How do the court proceedings unfold in your jurisdiction? What specific considerations should be borne in mind at each stage of the process, for both plaintiff and defendant?

Court proceedings commence with the court issuing a notice or summons to the relevant parties:

to appear before it; and
to file all necessary documents within a prescribed timeframe.

The parties will then appear before the court on the date specified in the summons and the trial will commence in accordance with the Civil Procedure Code.

7.6 What is the typical timeframe for the court proceedings?

The timeframe in civil matters is set by the court based on the appropriate 'speed track' – that is, the time within which the court expects to bring the matter to a conclusion. Tanzanian law provides for various speed tracks depending on the nature of the case, ranging from 10 months to 24 months.

8 Judgment and remedies

8.1 What types of judgments, orders and other remedies are available in your jurisdiction?

There are various types of judgments, including:

judgments in admission;
default judgments;
ex parte judgments;
consent judgments; and
summary judgments.

The types of remedies awarded will depend on what the parties have indicated in their pleadings as the remedies sought. Depending on the nature of the suit and the cause of action, parties can request the court to grant remedies such as:

restraining orders;
temporary injunction orders; and
declaratory orders.

9 Appeals

9.1 On what grounds may a judgment be appealed in your jurisdiction?

Appeals may be brought on a point of law only. This essentially means that an appeal is possible only where a party to a suit alleges that the court:

failed to take into consideration a point of law; or
wrongly interpreted a provision of law.

9.2 What is the appeals process? Is the judgment stayed while the appeal is pending?

Appeals are instituted by:

filing a notice of intention to appeal; and
subsequently filing the appropriate pleading, depending on the court before which the appeal is brought.

Judgments are not automatically stayed by an appeal.

If a party seeks a stay pending determination of an appeal, it must move the court to order a stay by filing a proper application, depending on the court in question.

9.3 What specific considerations should be borne in mind during the appeals process, for both plaintiff and defendant?

The statute of limitations for appeals; and
The fact that an appeal is not a bar to execution, so a party must apply for a stay of execution.

10 Enforcement

10.1 How are domestic judgments enforced in your jurisdiction?

Judgments in Tanzania are enforced by:

filing an application for execution; and
detailing the mode of execution sought.

There are various modes of execution, including:

garnishee orders;
the appointment of a receiver;
attachment and sale; and
arrest and detention of judgment debtors as civil prisoners

10.2 How are foreign judgments enforced in your jurisdiction?

The enforcement of foreign judgments is governed by:

the Civil Procedure Code (Cap 33 RE 2019);
the Reciprocal Enforcement of Foreign Judgments Act (Cap 8 RE 2002); and
the rules made thereunder.

A foreign judgment will be recognised and enforced in Tanzania only if the procedures and statutory requirements are met

The considerations to bear in mind are as follows:

The judgment creditor must file an application to the High Court of Tanzania for registration.
The application is made by way of chamber summons.
The application should be filed within six years of:
- the date of the judgment; or
- where there have been other proceedings by way of an appeal against the judgment, the date of the last judgment issued in those proceeding,

10.3 What specific considerations should be borne in mind during the enforcement process, for both plaintiff and defendant?

No answer submitted for this question.

11 Costs, fees and funding

11.1 What costs and fees are incurred when litigating in your jurisdiction?

The parties must pay a filing fee before a case is admitted in court.

The only exception is in labour cases, as no filing fees need be paid at either the Commission for Mediation and Arbitration or the High Court.

11.2 Are contingency fees and similar arrangements permitted in your jurisdiction?

Contingency fees are prohibited under Section 59(b) of the Advocates Act.

11.3 Is third-party funding permitted in your jurisdiction?

There are no specific laws that regulate third-party funding in Tanzania.

11.4 What other strategies should parties consider to mitigate the costs of litigation?

Alternative dispute resolution (eg, mediation and negotiation) should be considered

12 Trends and predictions

12.1 How would you describe the current litigation landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The litigation landscape has been evolving in recent years. Some procedural changes to the civil procedure legislation have facilitated the more expedient handling of matters.

In the coming months, more changes to various laws are expected, including:

the Political Parties Act (Cap 258 RE 2019); and
the National Elections Act (Cap 343 RE 2019).

On 10 November 2023, the Parliament read the following bills:

the Political Parties Affairs Laws Amendment Bill;
a bill to enact the National Electoral Commissions Act; and
the Presidential Parliamentarians and Councillors Elections Bill.

It has since circulated them for national scrutiny.

13 Tips and traps

13.1 What would be your recommendations to parties facing litigation in your jurisdiction and what potential pitfalls would you highlight?

Litigation should always be a last resort, as it is costly and protracted.

Parties should explore other options, such as negotiation and mediation, before resorting to litigation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tanzania: Litigation Dispute Resolution Comparative Guide