High Court (Commercial Division) Procedure

GOVERNMENT NOTICE No. 250 published on 13/07/2012

JUDICATURE AND APPLICATION OF LAWS ACT,

(CAP. 358)

RULES

(Made under section 4)

THE HIGH COURT (COMMERCIAL DIVISION) PROCEDURE RULES. 2012

ARRANGEMENT OF RULES

PART 1
PRELIMINARY PROVISIONS

Section Title
1. Citation.
2. Application.
3. Interpretation.
4. Administration.
PART II
ADMINISTRATIVE PROVISIONS

5. Jurisdiction.
6. Court Users' Committee.
7. Responsibility of the Commercial Court Users' Committee.
8. Assessors remuneration.
9. Appointment and remuneration of mediators.
PART III

[NSTITUTION OF SUIT

10. Institution of proceedings.

11. Particulars of originating summons.
12. Additional particulars to be contained in the plaint.
13. Commercial case registers.
14. Assignment of suits.
15. Summons to file a defence.
16. Signing of summons.
17. Electronic substituted service.
18. Presumption of service.
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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
19. Fonnat of pleadings and other legal documents.
20. Filing of defence.
21. Documents accompanying defence.
22. Failure to file written statement of defence.
23. Setting aside a default judgement.
24. Amendment of pleadings.
25. Admission and request for time to pay.
26. Procedure where time is not agreed.
27. Consequences offailure to pay by installment.
PART IV
PRE-TRIAL SCHEDULING AND CONFERENCE

28. Power to make orders and give directions for disposal of suits.
29. Pre-trial conferences to be held when directed by the Court.
30. Notification of pre-trial conferences.
31. Failure to appear of one or more of parties.
32. Speed track of case.
PART V
COURT ANNEXED MEDIATION

33. Mediation.
34. Attendance to Mediation.
35. Authority to settle.
36. Failure to attend.
37. Restoration of the suit dismissed for non appearance to
mediation.
38. Purpose and nature of mediation.
39. Confidentiality.
40. Duration of mediation.
41. End of Mediation.
42. Failure to reach settlement by mediation.
PART VI
ApPEARANCE, HEARING AND EXAMINATION OF PARTIES

43. Appearance and Consequences of non appearance at trial.

44. Appearance of advocates before the Court.
45. Opening statement.
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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
46. Adjournments.
47. Procedure where no application is made suit adjourned sine die.
48. Witness statement.
49. Witness statement of evidence in chief in suit commenced by
plaint.
50. Hearing of suit and power of court to control evidence.
51. Assessors.
52. Affidavit evidence in suits commenced by originating summons.
53. Striking out part or whole of the witness statement.
54. Fluency of witness in language of the Court.
55. Consequences offailure to serve witness statement.
56. Cross examination.
57. Use of witness statements for other purposes.
58. Evidence by video link.
59. Recording of evidence.
60. Certification of transcript.
6). Prohibition of unauthorized audio recording.
62. Duration for which record is to be kept.
63. Striking out an application and an affidavit without hearing.
64. Skeleton written arguments.
65. Time limit for submissions.
66. Preparation for submission.
67. Judgment and decree.
68. Summary Judgement.
PART VII
ApPEALS

69. Appeal from a subordinate Court.

70. Lodging memorandum of appeal.
71. Order of addresses.
72. Cross appeal.

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

PART VIII
GENERAL PROVISIONS
73. Powers of Registrars.
74. Consequences of a defective affidavit.
75. Amendment of Judgment, Ruling and order.
76. Revocation and Savings.

SCHEDULE

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 High Court (Commercial Division) Procedure

GOVERNMENT NOTICE No. 250 published on 13/07/2012

JUDICATURE AND APPLICATION OF LAWS ACT

(CAP. 358)

RULES

(Made under section 4)

THE HIGH COURT (COMMERCIAL DIVISION PROCEDURE) RULES, 2012

PART I
PREMINARY PROVISIONS
1. These rules may be cited as the High Court (Commercial Division) Citation
Procedure Rules, 2012.
2.-{ I) These Rules shall unless expressly provided otherwise apply Aj:pOCa.iioo
to all commercial cases before the Court with lenience in application
during the first year.
(2) In the case of any lacuna in these Rules the provisions of the Cap. 33
Code shall apply.
3. In these Rules unless the context otherwise requires> Interpre-
tation

"Code" means Civil Procedure Code Act; Cap. 33

"commercial case" means a civil case involving a matter considered
by the Court to be of commercial significance, including any claim or
application arising out of a transaction of trade or commerce but not
limited to:-
(a) the formation of a business or commercial organization:
(b) the management of a business or commercial organization;
(d) the contractual relationship of a business or commercial
organization with other bodies or person outside the business
or commercial organization;
(d) the liabil ity of a business or commercial organization or official
of the business or commercial organization arising out of its
commercial or business activities;
(e) the Iiabilities of a business or commercial person arising out of
that person's business or commercial activities;
(f) banking and financial servises;
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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(g) the restructuring or payment of commercial debts by or to

business or commercial organization or person;
(h) the enforcement of arbitral award;
the enforcement of awards of a regional court or tribunal of competent
jurisdiction made in accordance with a Treaty or Mutual Assistance
arrangement to which the United Republic of Tanzania is a signatory
and which forms part of the law of the United Republic;
(i) admiralty proceedings; and
(j) arbitration proceedings;
"Court" means the Commercial Division of the High Court of
Tanzania referred to under rule 5 of these Rules;
"judge in charge" means the Judge in charge of the Court and any
other judge acting in that capacity;
Cap. 237 "mediator" shall be either a Judicial officer defined under the
judiciary Administration Act, or any other law, or any such person
appointed by the Chief Justice under the provisions of rule 9 sub-
rule 1 of these Rules;
"Registrar" means the Registrar of the Court and shall include
Deputy Registrar and any person acting in that capacity;
"witness statement" means a statement given pursuant to rule 48 of
these rules in lieu of examination in chief;
"value of the commercial claim" means the claim or value of the
subject matter to which the claim relates.
Adminis- 4. The Court shall in administering these Rules, have due regard to
tration the need to achieve substantive justice in a particular case.

PARTU
ADMINISTRATIVE PROVISIONS
Jurisdic- 5.-(1) These shall be a Commercial Division of the High Court of
tion Tanzania vested with both original and appellate jurisdiction over
commercial cases.
(2) The Court shall have and exercise original jurisdiction in a
commercial case in which the value of the claim shall be at least one
hundred million shillings in case of proceedings for recovery of
possession of immovable property and at least seventy million shillings
in proceedings where subject matter is capable of being estimated at a
money value.

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 High Court (Commercial Division) Procedure
GN No 250 (contd.)

(3) The Commercial Division registry shall be at Dar es Salaam and

at any other registry or registries as the Chief Justice may determine.
6.-(1) There shall be a Commercial Court Users' Committee. Court
Users'
(2) the Commercial Court Users Committee shall consist of r-
Commit-
(a) the Judges of the Court; tee
(b) two advocates nominated by the Tanganyika Law Society;
(c) two State Attorneys nominated by the Attorney General; and
(d) five other persons nominated by lawfully established
organizations representing the business community.
(3) The tenure of office of a member of the Commercial Court Users'
Committee shall be three years renewable once.
(4) A committee member may resign from his position by tendering
a resignation notice to the judge in charge of the Court, who shall seek
for replacement ofthe resigning member from the responsible authority.
7. The Commercial Users Court Committee shall be responsible for Respon-
advising the Court on matters of court practice and appointing persons sibility of
who are knowledgeable in commercial case to serve as assessors. the
Commer-
cial Court
user's
Commit-
tee
8.-{ 1) The assessors shall be remunerated or compensated in a Assesssors
manner determined by the Chief Justice upon recommendation of the remu-
Commercial Court Users' Committee. neration

(2) The remuneration determined under sub-rule (1) shall be

published in the Gazette.
9.-{ 1) The Chief Justice upon recommendation by the Commercial Appoint-
Court Users' Committee, may appoint persons with mediation skills to ment and
serve as mediators and the Registrar of the Court shall keep a Register remu-
neration
of such appointed mediators.
of
(2) The presiding Judge or Registrar may nominate a mediator from mediators
the list of mediators appointed under sub rule 1 of this rule.
(3) The mediators shall be remunerated or compansated in a manner
to be determined by the Chief Justice upon recommendation of the
Commercial Court Users' Committee.
(4) The remuneration determined under sub rule 3 shall be publ ished
in the Gazette.

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
(5) The mediators shall, on first appointment, subscribe to the oath
or affirmation in the form set out in the Second Schedule to this Act.
PART III

INSTITUTION OF SUITS

Institu- 1O.--{l) Proceedings in the Court shall, except in the case of

tion of proceedings which by these Rules or under any written law are required
Proceed-
ings
to be instituted by any specified mode of commencement, be instituted
by plaint or by orignating summons.
(2) Proceedings»
(a) in which the sole or principal question at issue is or is
likely to be one of the construction of any written law or
of any instrument made under any written law, or of any
deed, contract or other document, or some other questions
of law; or
(b) in which it is unlikely to be any substantial dispute off act,
unless the plaintiff intends in those proceedings to apply
for judgement under Order XIV of the Code or for any
other reason considers the proceedings more appropriate
to be instituted by a plaint;
may be instituted by way of originating summons.
Particu-
II. Every originating summons shall contain the following
lars of
orignating
particulars:-
summons (a) the name of the Court in which the suit is brought:
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the
defendant, so far as they can be ascertained;
(d) a statement of the questions on which the plaintiff seeks
the determination or direction of the Court or as the case
may be; and
(e) a concise statement of the relief or remedy claimed in the
proceedings with sufficient particulars to identify the cause
or causes of action in respect of wich the plaintiff claims
that relief or remedy.
Addi-
12.--{I) Notwithstanding the provisions of rule 1 of Order VII of
tional
particu- the Code, the plaintiff shall file, along with the plaint, the full address,
lars to be including e-rnail, fax and telephone number of a plaintiff and defendant
contained or their advocates to the extent known to the plaintiff.
in the
plaint
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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(2) Without prejudice to the modes of service of summons provided

by these Rules or any other law, the e-mail address and fax provided,
may be used by the Court and the parties for effecting services and other
necessary communication throughout the course of the suit.
13.-( 1) The Court shal1 cause to be maintained a register of cases to Commer-
be known as the Commercial Case Register. cial case
register
(2) The Commercial Case Register shall be used for recording the
cases instituted in the court together with particulars of cases as may be
determined by the registrar.
14. The Judge in-charge of the Court or any other Judge acting in Assign-
that capacity or the Registrar in the absence of any Judge shal1, unless ment of
the circumstances do not permit, within a maximum of one day after the suits
institution of a suit, cause it to be manually or electronical1y assigned to
a specific Judge.
15. Where a suit has been duly instituted, a summons may be issued Summons
to the defendant at the time when the suit is assigned to a specific Judge to file a
to file, in accordance with rule 19 of these Rules, a written statement of defence

defence to the claim.

16. A summons shall be signed manually or electronically by a Judge, Signing
Registrar or such officer as may be appointed by the Judge in charge for of
that purpose and be sealed with the seal of the Court. summons

l7.-{ 1) Notwithstanding the provisions of rules 9 to 33 of order V Electronic

of the code, substituted services may be effected electronically by way substi-
of e-mail or facsimile using the addresses previously disclose and used tuted
service
between the parties in their business transaction.
(2) A copy of such service shal1 be simultaneously copied to the
Court.
(3) For the avoidance of doubt, a sent status report shall be deemed
as proof of service.
18. Where service is not duly effected on a defendant but such Presump-
defendant enters an appearance before the Court on the day he was tion of
supposed to appear according to the summons, the service shall be deemed service
to have been duly effected on him and to have been so served on the date
on which he entered appearance.
19.-( 1) The format of pleadings presented for filing to the Court Format of
shall be in paragraphs, "Times New Roman" font type, twelve font size, pleadings
1.5 line spacing and shall not be in more than ten pages. and other
legal
docu-
9 ments
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
(2) Any pleading that does not conform to sub rule (1) shall be
rejected.
Filing of 20.-(1) Where a summons has been served in accordance with rule
defence 14 to the defendant and the defendant wishes to defend the suit, that
defendant shall, within twenty-one days from the date of service of the
summons file to the Court a written statement of defence.
(2) A Judge or a Registrar, may, upon an application by the defendant
before the expiry of the period provided for filing defence or within
seven (7) days after expiry of that period showing good cause for failure
to file such defence, extend time within which the defence has to be
filed for another ten days and the ruling to that effect shall be delivered
promptly.
(3) The extended ten days under sub-rule (2) shall be counted from
the date of the order of the court for extension of time.
Docu- 21. Without prejudice to the provision of Order VIII of the Code,
ments the provision of rule 10 shall apply mutatis mutandis on filing of written
accompa-
nying statement of defence.
defence
Failure to 22.-( 1) Where any party required to file written statement of defence
file
fails to do so within the specified period or where such period has been
written
statement extended in accordance with sub rule (2) of rule 19, within the period of
of such extension, the Court shall upon proof of service and on application
defence by the plaintiff in Form No.1 set out in the Schedule to these Rules enter
judgement in favour of the plaintiff.
(2) The decree obtained under this rule shall not be executed unless:-
(a) the decree holder has, within the period often days from the
date of judgment, published a copy of decree in at least two
news papers of wide circulation in the country; and
(b) a period of twenty one days from the date of expiry of the
period often days referred to under paragraph (a) has lapsed.
Setting 23.-(1) Where ajudgrnent has been entered in pursuant to Rule 22
aside a
the Court may, upon application made by the aggrieved party, within
default
judgment twenty-one days from the date of the judgment, set aside or vary such a
judgment upon such terms as may be considered by the Court to be just.
(2) In considering whether to set aside or vary the judgment under
this rule, the Court shall consider whether the aggrieved party has:-
(a) applied to the court with the period specified under sub rule
(I); and
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GN. No 250 (contd.)

(b) given sufficient reasons for failing to file a defence.

(3) Where judgment is set aside, the order shall be effective upon
the aggrieved party or judgment debtor filing and serving a defence within
the period specified by the Court.
(4) Where the defendant fails to file a written statement of defence
within the period specified by the Court pursuant to sub rule (3), the
default judgment shall revive.
(5) The judgment revived pursuant to sub rule (4) shall not be set
aside.
24.-(1) The Court may, at any stage of the proceedings, allow the Amend-
plaintiff or any party to the proceedings to amend the plaint or pleading, ment of
pleadings
on such terms as to costs or otherwise as may be just and in such manner
as it may direct.
(2) Subject to sub-rule (I), any party to any proceedings may amend
his pleading at any time before service to the other party without order
of the court subject to payment of prescribed fees.
(3) The Court's order of amendment under this rule shall be for the
purpose of::-
(a) correcting any defect or error in any proceedings; or
(b) determining the real question in controversy or to achieve
justice between the parties.
(4) An amendment shall be made by filing a fair copy ofthe amended
document, which shall indicate the amendment made, and serving a copy
of the amended document on the other party or parties.
(5) Where:-
(a) the amendment is ordered during the trial or hearing of any
action or proceedings; or
(b) all parties are present when the amendment is made the Court
may in its discretion, amend the document in the Court's file
and service on the parties shall not be necessary.
(6) The provisions of this rule shall apply mutatis mutandis to other
pleadings and applications.
25.-( I) A defendant who makes an adminssion of the claim referred Admis-
to under Order XII of the Code may request for time to pay the amount sion and
request
admitted.
for time
(2) The defendant's request for time to pay shall be filed with his to pay
admission.

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
(3) The defendant's request for time to pay shall be supported by a
statement of his financial position including details of all his bank
accounts.
(4) The statement shall be verified on oath by the defendant as being
correct and may be used as evidence of the defendant's financial position
at the date it was signed in any subsequent proceedings with regard to
the enforcement of any judgment given upon the plaintiff's claim.
(5) For the purposes of this rules "request for time to pay" means a
proposal by a party against whom a claim is made of a date of payment
or a proposal to pay by installments at the rate specified in the request.
Proce- 26.-{1) Upon the defendant filing an admission of the claim and
dure request for time to pay, the Court shall enter judgment on the amount
where
claimed and admitted.
time is
not (2) Where the plaintiff does not accept the defendant's offer as to
agreed the time of payment, he shall state his reasons for rejecting the defendant's
proposal as to the time of payment.
(3) The Registrar shall consider the defendant's request for time to
pay and the plaintiff's objection and make orders as to the installments
payable and interest if claimed on such terms as he considers fit, provided
that the aggrieved party may refer the matter to a judge whose decision
shall not be appealable.
Conse- 27. Upon failure by the defendant to make any of the installments
quences
which are due, the defendant's right to pay by installment shall be
of failure
to pay by abrogated and the plaintiff and be entitled to execute the decree for the
install- outstanding sum in full without further notice.
ment PART IV
PRE- TRIAL AND SCHEDULING CONFERENCE
Power to 28.-{ 1) The Court shall, within fourteen working days from the day
make and
of completion of pleadings, on its own motion direct any party or parties
give
direc- to the proceedings to appear before it, in order that the Court may make
tions for such order or give such direction in relation to any interim applications
disposal which the parties have filed or intend to file as it considers just, for the
of suits just, expeditious and economical disposal of the suit.
(2) Where any party fails to comply with any order made or direction
given by the Court under sub rule (1). the Court may dismiss the suit,
strike out the defence or counterclaim or make such other order as it
considers just.

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
(3) The Court may, in exercising its powers under sub-rule (2), make
such order as to costs as it considers just.
(4) Any order or direction given or made against any party who does
not appear before the Court when directed to do so under sub-rule (1),
may be set aside or varied by the Court on such terms as it considers
just.
29.--(1) Without prejudice to sub-rule (1) of rule 24, at any time Pre-trial
before any case is tried; the Court may direct parties to attend a pre-trial confer-
ences to
conference relating to the matters arising in the suit or proceedings. be held
(2) The Court may, at the pre-trial conference, consider any matter when
including the possibility of setlement of all or any of the isssues in the directed
suit or proceedings and require the parties to furnish the Court with any by the
court
such information as it considers fit, and may give all such directions as
it appears necessary or desirable for securing the just, expenditious and
economical disposal of the suit or proceedings.
(3) The court may, having made directions under this rule or rule 24,
on its own motion or upon the application by any party, if any party
defaults in complying with any such directions, dismiss such suit or
proceedings or strike out the defence or counterclaim or enter judgment
or make such order as it considers fit.
(4) Any judgment or order made under sub-rule (3) may be set aside
by the Court, on the application ofthe party against whom such judgment
or orders was made, on such terms, as it considers just.
(5) The Court may, at any time during the pre-trial conference where
the parties are agreeable to a setlement of some or all of the matters in
dispute in the suit or proceedings, enter judgment in the suit or
proceedings or make such order to give effect to the settlement.
30.--(1) Party to the proceedings shall be informed of the date and Notifica-
time appointed for the holding of the pre-trial conference in their presence tion of
pre-trial
or by way of a notice in Form No.2 set out in the Schedule to these
confer-
Rules. ences
(2) Each party shall comply with any directions given viva voce or
in such notice as the case may be.
3l.--( 1) Where at the time appointed for the pre-trial conference, Failure to
one or more of the parties fails to attend, the Court may:- appear of
one or
(a) dismiss the suit or proceedings; more of
(b) strike out the defence or courterclaim; parties
(c) enter judgment;

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(d) make such other order as it considers fit.

(2) An Order made by the Court in the absence of a party concerned
or affected by the order may be set aside by the Court, on the appl ication
of that party within fourteen days from date of the order, on such terms
as it considers just.

(3) Subsequent to the first adjournment, ifall parties fails attend the
pre-trial conference, the court shall dismiss the suit.
Speed 32.-( 1) Except for circumstances not provided for under these Rules,
track of the provisions of Order VIII A and Order VIIlB of the Code shall not
case
apply in determining speed track of commercial cases.
(2) All commercial cases shall proceed and be determined within a
period of ten months from the date of commencement, and not more
than twelve months.
(3) Thirty days before the expiry of the time prescribed under sub
rule (2), any party to the proceedings may orally apply to the Court for
extension of life span of the case, and the Court may upon sufficient
reasons adduced grant the application and the party in favour of whom
the extension is made shall bear the costs of such extension, un less the
Court directs otherwise.
PART V
COURT ANNEXED MEDIATION

Media- 33. Where the suit is not settled or dismissed under the provisions
tion or rules 28,29 or 32 of these Rules, the Court shall direct the parties to
submit to mediation and upon making such Order the Court shall appoint
a mediator who shall, within seven (7) days of his appointment, set a
date for the first session of mediation.
Atten- 34.-( 1) The party or his advocate or both, where the parties are
dance to
represented shall be notified in the form set out in Form No.3 in the
media-
tion Schedule, and shall attend the mediation session.
(2) Where a third party may be liable to satisfy all or part of a
judgment in the suit or to idemnify or reimburse a party for money paid
in satisfaction of all or part of a judgment in the suit, the third party or
his advocate may also attend the mediation session, unless the Court
orders otherwise.
Author- 35.-{ 1) A party to a mediation session shall have authority to settle
ity to any matter during the mediation session.
settle

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GN. No 250 (contd.)

(2) A party who requires the approval of another person before

agreeing to a settlement shall, before the mediation session, arrange to
have ready means of communication to that other person throughout the
session, whether it takes place during or after regular business hours.
36. Where it is not practical to conduct a scheduled mediation session Failure to
because a party fails without good cause to attend within the time attend
appointed for the commencement of the session, the mediator may:-
(a) dismiss the suit, if the non-complying party is a plaintiff,
or strike out the defence, if the non comlying party is a
defendant;
(b) order a party to pay costs; or
(c) make any other order that is deemed just.
37.-( 1) Any party aggrieved by an order made by the mediator under Restora-
Rule 36 of these Rules may, within seven days from the date of the tion of
order, file in Court an application in Form No.4 set out in the Schedule the suit
disrnisssed
to these Rules for restoration of a suit or a defence. for non
(2) Upon the applicant showing good cause and establishing that appear-
fees and costs for restoration of mediation as provided by the High Court anceto
mediation
of Tanzania (Commercial Division Fees) Rules, 2012 have been fully
paid, the mediator shall set aside orders made under rule 36 of these
Rules and restore the suit or the defence and issue a notice for mediation,
provided that such application shall be made within fourteen (14) days
prescribed for mediation.
38.-( 1) In conducting any mediation session under these Rules:- Purpose
(a) the parties shall strive to reduce cost and delay in litigation, and
nature of
and facilitate an early and fair resolution of disputes; and mediation
(b) the mediator shall facilitate communication between or
among the parties to the dispute in order to assist them in
reaching a mutually acceptable resolution.
(2) Without derogation from the generality of sub rule (I), the
mediator:-
(a) shall, in an independent and impartial manner, do
everything to facilitate parties to resolve their dispute;
(b) may, where necessary, conduct joint or separate meetings
with the parties and may make a proposal for a settlement;
(c) may, where services of an expert may be obtained at no
cost or where such services may be obtained at a cost, and
if parties agree to pay such costs, obtain expert advice on
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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

a technical aspect of the dispute, which advice shall be

given in an independent and impartial manner and it shall
have advisory effect;
(d) shall be guided by principles of objectivity, fairness and
natural justice, and shall give consideration to, among
other things:-
(i) the rights and obligations of the parties;
(ii) the usages of the trade concerned; and
(iii) the circumstances surrounding the dispute, including
any previous business practices between the parties;
(e) may, at any stage of the mediation proceeding and in a manner
that the mediator considers appropriate, take into account the
wishes of the parties, including any request by either of the
parties that the mediator shall hear oral statements for a speedy
settlement of the dispute; and
(f) may, at any stage of the mediation proceedings, make proposals
for the settlement of the dispute.
(3) A request for the services of an expert under this rule may be
made by the mediator with the consent of parties or by any party with
the consent of the other party.
Confi- 39. All communications at a mediation session and the mediation
dentiality notes and records of the mediator shall be deemed to be confidential and
party to a mediation may not rely on the record of statement made at or
any information obtained during the mediation as evidence in Court
proceedings or any other subsequent settlement initiative, except in
relation to proceedings brought by either party to vitiate the settlement
agreement on the grounds of fraud.
Duration 40. A mediation period shall not exceed a period of fourteen days
of
from the date of the first session of mediation.
mediation

End of 41. A mediation shall come to an end when:-

mediation
(a) the parties execute a settlement agreement;
(b) the Mediator cancels a mediation session under rule 36 for
non-compliance by any of the parties;
(c) the Mediator, after consultation with the parties, makes a
declaration to the effect that further mediation is not
worthwhile; or

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(d) fourteen days expires from the date of the first session of
mediation.
42. Where upon the conclusion of mediation no settlement agreement Failure to
is reached, the suit shall revert to the trial judge who shall continue with reach
settle-
the proceedings from the point when and at which the suit was referred ment by
for mediation. media-
tion
PARTV[
ApPEARANCE, HEARING AND EXAMINATION OF PARTIES

43. -( I) Appearance of parties and consequences of non appearance App-

shall be regulated by the provision of Order IX of the Code. earance
and
(2) Where the Court has entered an ex parte judgment or passed a conse-
dismissal order or any other order in accordance with Order IX of the quences
Code, it shall be lawful for the Court, upon application being made by of non
an aggrieved party within fourteen days from the date of the judgment app-
earance
or the order, to set aside or vary such judgment or order upon such terms at trial
as may be considered by the Court to be just.
44.-(1) An advocate who appears in the Court shall be.- A PPe -
arance of
(a) fully acquainted with facts of the case in relation to which he advocates
appears and fully authorized to enter into agreements, both before the
substantive and procedural, on behalf of his client; and Court
(b) prepared to discuss any applications that have been submitted
and remain outstanding.
(2) Failure to comply with this rule shall cause the adcvocate on
record to be condemned to pay costs, unless sufficient reasons are
adduced.
45.-( 1) The Court shall, at the commencement of the trial, invite a Opening
plaintiff or his advocate to make a short opening statement after which it statement
shall call upon the defendant or his advocate to make a short opening
statement.
(2) Unless the presidingjudge is ofthe view that the trial shall proceed
more efficiently if advocates make submissions on points of law in
opening, all legal arguments shall be reserved for closing submissions.
46.-{ I) Where the hearing of the suit has commenced it shall be Adjourn-
continued from day to day until all the witnesses in attendance have ments
been examined.
(2) Notwithstanding the provisions of sub rule (I), at any stage of
the provided that:-

17
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(a) the party orally or in writing applying for adjourment pays

to the Court the fees for adjournment sought as provided by
the Court Fee Rules whether or not condemned to pay costs
for adjournment and unless the Court considers fit to wave
the costs or fees considers fit to wave the costs or fees under
this rule, the same shall be paid before the next hearing;
(b) no adjournment shall be granted at the request of a party, or
parties except where the circumstances are beyond the
control of the party or parties as the case may be;
(c) the fact that the advocate of a party is engaged in another
court, shall not be a ground for adjournment unless that
advocate is appearing before a superior court;
(d) where the illness of an advocate or his inability to conduct
the case for any reason, other than his being engaged in
another court, is put forward as a ground for adjournment,
the court shall not grant adjournment unless it is satified
that the party applying for adjournment could not have
engaged another advocate in time; and
(e) in the event of an adjournment at the instance of the Court,
the reasons for the adjournment shall be recorded and the
Court shall endeavor to fix the hearing date within the
shortest period possible but not more than thirty days.
proce- 47. Where the hearing of a suit has been adjourned generally, the
dure
Court shall, if no application is made within six months of the last
where no
applica- adjournment, dismiss the suit.
tion is
made on
suit
ad-
journed
sine die
witness 48.-( 1)A witness statement shal1:-
statement
(a) be made on oath or affirmation;
(b) contain the name, address and occupation of the witness;
(c) so far as reasonably practicable, be in the intended witness's
own words;

18
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(d) sufficiently identify any documents to which the statem nt

refers without repeating its contents unless this is necess y
in oreder to identify the document;
(e) not include any matters of information or belief which re
not admissible and where admissible, shall state the sou ce
of any matters of information or belief;
(f) neither contain lengthy quotation from documents
engage in legal or other arguments;
(g) be dated and signed or otherwise authenticated by
intended witness;
(h) include a statement by the intended witness that he belie es
the statements of fact in it to be true, and
(i) be in numbered paragraphs.
(2) The witness statement shall be substantially in the form prescri
in the Third Schedule of these Rules.
49.-( I) In any proceedings commenced by plaint, evidence-in-eh ef Witness
shall be given by a statement on oath or affirmation. statement
of
(2) The statement shall be filed within seven (7) days of t e evidence
completion of mediation and served as directed by the court; in chief
Provided that a party's obligation to serve a witness statement is in suit
com-
independent of any other party's obligation to file and serve its respecti e
menced
statement. by plaint
50. Notwithstanding the provisions of sub rule (1) of rule 48(1), t e Hearing
Court shall at the Final Pre-trial Conference determine the manner in of suit
which evidence is to be given at any trial or hearing by giving appropri te and
directions as to:- power of
court to
(a) the issues on which it requires evidence; control
(b) the way in which any matter is to be proved; and evidence

(c) which witness will be required for cross examination.

51.-{ 1) Where the trial judge finds it necessary that the trial 0 a Assessors
suit shall be conducted with the aid of assessors, the Court shall summ n
assessors from a list submitted to the Court by the Commercial Co rt
users' Committee.
(2) The Court assessors shall be required to declare any person I
interest in a case in which he is to sit.
(3) A trial ofa suit with aid of assessors shall be conducted with n t
Jess than two assessors who shall be generally knowledgeable of t e
19
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

field concerning the suit.

(4) Where in the course of the trial one or more of the assessors is
absent, the Court may proceed and conclude the trial with the remaining
assessor or assessors.
Affidavity 52.-{ 1) In any cause or matter commenced by originating summons
evidence and on any application made by chamber summons, evidence shall be
in suits
given by affidavit unless the Court otherwise directs.
com-
menced (2) The Court may, on the application of any party, order the
by attendance for cross-examination of the deponent of any such affidavit.
originat-
ing (3) Where an order has been made under sub rule (2) of this rule,
summons and the deponent in question does not attend, his affidavit shall not be
used as evidence unless the court is satified that there are exceptional
reasons for his failure to attend.
(4) Where the Court admits an affidavit of a person who has fai led
to appear for cross examination, lesser weight shall be attached to such
affidavit.
Striking 53. During the hearing of the suit and upon an oral application by a
out part
party or suo motu. the Court may order that any inadmissible, scandalous,
or whole
of the irrelevant or otherwise oppressive matter be struck out of any witness
witness statement.
statement
Fluency 54.-{1) The witness statement shall be recorded in the language of
of
the court.
witness
in the (2) Without prejudice to the generality of sub rule( 1) of this rule and
language where a witness is not sufficiently fluent in the language of the Court,
of the
the witness statement shall be in any language and a certified translation
Court
may be provided.
(3) Where a witness is not fluent in the language of the Court, the
cost of interpretation or translation during cross-examination shall be
borne by a party seeking to rely on such a witness' statement.
(4) Notwithstanding the provisions of sub rule (1), where a witness
is not conversant with the language of the Court but can make himself
understood and can understand written language of the Court, the
statement need not be in him own words, provided that these matters are
indicated in the statement itself. It must however be written so as to
express as accurately as possible the substance of his evidence.

20
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
55. Where a witness statement in respect of an intended witness is Conse-
not served on the other party within the time prescribed by these Rules, quences
the witness may not be summoned for cross examination unless with ~!lurre to
leave of the Court, in the absence of which lesser weight shall be accorded serve
to such statement unless the other party elects not to have witness called witness
for cross examination. statement
56.-{1) A party who intends to rely on a witness statement as Cross
evidence shall cause his witness to attend for cross-examination. examina-
tion
(2) Where the witnesss fails to appear for cross examination, the
Court shall strike out his stament from the record, unless the Court is
satisfied that there are exceptional reasons for the witness's failure to
appear.
(3) Where the Court admits a witness statement of a witness who
has failed to appear for cross examination, lesser weight shall be attached
to such statement.
57. Except as provided by th is ru Ie, a witness statement may be used Use of
only for the purpose of the proceeding in which it is served except where witness
state-
the witness gives consent in writing to some other use of it or the Court
ments for
gives permission for some other use ofthe witness statement which has other
been put in evidence. purposes

58. The Court may, on an application by a party, allow a witness to Evidence

give evidence without being present in the courtroom, through a video by video
link at the cost of the application. link

59.-( I) An official record shall be made of every hearing and such Record-
record shall consist of the following.- ing of
evidence
(a) in a hearing where an electronic recording system approved
and managed by the Court or any other person appointed
by the Court is used, the audio recording; and
(b) in a hearing where an electronic recording system is not
used, the notes of hearing recorded in such manner as the
Court may determine.
(2) Any party may, in writing, request for a copy or a transcript of
the official record of hearing upon payment of such fees as the Registrar
may determine.
(3) A request for a copy of an official record of hearing consisting of
an electronic recording shall be made in writing.
(4) The granting of the request shall be subject to approval of the
Court if made by a person other than th arties to the suit.
Z1
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(5) The registrar may, in approving the request under sub rule (3),
impose such conditions or make directions in relation to the release and
use of the copy of the electronic record as he considers fit.
Certifica- 60.-( 1) The Court shall, after the conclusion of the case and upon
tion of request of a party, produce an official transcript of the hearing to be
transcript
provide to the parties simultaneously in soft copy at the parties' costs.
(2) The parties shall proof read the transcript and make necessary
corrections which shall be tracked or highlighted without altering the
content of the proceedings.
(3) The parties shall submit their corrected transripts to the registrar
and serve each other within a period of twenty one days from receipt of
the Registrar's transcript.
(4) Where any dispute arises as to the correctness of the transcripts
verified by the parties, the aggrieved party shall notify the Registrar
within a period of seven (7) days from receipt of the corrected transcript.
(5) The Registrar shall upon receipt of notification under sub rule
(4) or suo motu invite the parties to resolve any dispute by making
reference to the official audio recording and his decision on such dispute
shall be final.
(6) On receipt of the corrected transcripts from the parties; or upon
resolving any dispute in terms of sub rule (4), or upon failure to comply
with sub rules (3) and (4), the registrar shall certify the authenticity ofa
transcript of the official record of hearing.
Prohibi- 61.-(1) A person shall not make any electronic recording of any
tion of
hearing without the approval of the Court.
unautho-
rized (2) A person who contravenes the provision of sub rule (1) commits
audio an offence of contempt of court and shall, upon conviction be liable to
recording
imprisonment for a term not exceeding six months or a fine not exceeding
three million shillings, or to both such fine and imprisonment.
Duratiopn
62. Every official record of hearing shall be kept for a period of five
for which
record is years from the date of final determination of the case or if an appeal is
to be kept preferred five years from the date of determination of the appeal.

Striking
63. A Judge may without hearing the effected party:-
out an
applica- (a) strike out an affidavit, counter affidavit or reply to counter
tion and affidavit which in his opinion contravenes any provision of
an the law currently in force, and shall subsequently notify the
affidavit
said party;
without
22
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(b) make any consequent order, including striking out the hearing
application, where he deems fit.
64. Submissions shall proceed orally, preceded by skeleton written Skeleton
arguments submitted to the trial judge at least three working days before written
argu-
the oral submissions, provided that failure to prepare skeleton
ments
submissions shall not be a ground for adjournment or seeking extension
of time to file skeleton written arguments and the hearing shall proceed
notwithstanding the failure to present such skeleton written arguments.
65.-{ I) Oral arguments in support of an application or in reply or a Time
rejoinder shall not exceed twenty minutes for each party submitting, limit for
submis-
provied that the Court upon a request made prior to commencement of
sions
arguments and after taking into consideration the nature of the matter,
may extend time within which to make arguments.
(2) Notwithstanding the generality of sub rule (l), the parties or
their advocates may with the consent of the Court file written
submissions.
(3) Where the Court grants leave to file written submissions, the
same shall be filed within seven days.-
(a) after the conclusion of the trial;
(b) from the date of the order requiring filing of such
submissions, or such other period as the judge may direct;
Provided that time for filing and exchange of submissions, reply
and rejoinder does not exceed a total of thirty days.
66.-{ 1) An advocate or a party to the proceedings after the closure Prepara-
of the defendant's case may apply for leave of the Court for time to tion for
submis-
prepare closing submissions, provided that the time allowed shall not
sion
exceed seven days or as the Court may consider fit.
(2) Where the Parties or advocates are under an obligation or duty
to file legal documents such as plaint or written statement of defence, or
reply to the written statement of defence, originating or chamber
summons, affidavit, written submissions or skeleton submission or any
other documents shall conform to rule 18 and shall be filed in Court
accompained with electronic copies to the Court's official email
addresses.
67.-(1) The Court shall, at the conclusion of hearing deliver Judgment
judgment within a period of sixty days in case of a judgment or thirty and
days in case of ruling. decree

23
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

(2) Where a judge fails to comply with the provisions of sub rule
(1), he shall state in the Court record the reason for such failure.
(3) Every judgment shall embody at the end a summary of the reliefs
granted by the Court.
Summary 68. Notwithstanding the provisions of Order XXXV of the code,
Judgment the court may give summary judgment against a party on the whole of a
claim or on a particular issue if it considers that:-
(a) the plaintiff has no real prospect of succeeding on the claim
or issue; or
(b) the defendant has no real prospect of successfully defending
the claim or issue; or
(c) there is no other reason why the case or issue shall be disposed
of at a trial.
PART VII
ApPEALS

Appeal 69.--( I) An appeal against the decision of the subordinate Court on

from a commercial case may be made to the Court.
subordi-
nate court (2) Appeal shall be made by giving a notice of appeal in Form No.
5 set out in the Schedule.
(3) An appellant may appeal against the whole or any part of a
decision.
(4) A notice of appeal shall be filed within fourteen days from the
day on which the decision was pronounced, and shall state whether the
whole or part, and what part of the decision is appealed against.
(5) The Court appealed from shall, upon receipt of the notice of
appeal and upon payment of the prescribed fee, supply to the appellant a
certified copy of the proceedings, a copy of the judgment and decree.
(6) As soon as the certified copies are ready, the Court shall notify
the appellant and respondent in Forms No.6 set out in the Schedule
respectively.
Lodging 70.-{ 1) The appellant shall, within thirty days from the date of
memo- receipt of the notification issued under rule 68 unless the Court otherwise
randum
ofappeaJ
orders, lodge in the Court a memorandum of appeal containing grounds
of appeal.
(2) The memorandum of appeal shall be accompanied with a copy
of a decree and judgment appealed against.
(3) Every ground of appeal shall state briefly the substance of the
24
 High Court (Commercial Division) Procedure
GN. No 250 (con/d)
judgment appealed against and shall contain definite particulars of the
point of law or fact in respect of which the appeal is made and, except
with leave of the Court, the appellant shall not be permitted on the hearing
of the appeal to rely on any ground other than those set out in the grounds
of appeal.
(4) The appellant shall within the period limited for the filing of the
memorandum of appeal together with copies of the relevant decuments
to each party which has been served with the notice of appeal.
71. The Court shall, at the hearing of an application or appeal, hear Order of
first the applicant or appeallant, then the respondent and then the applicant addresses
or appellant in reply.
72.-(1) At the hearing of an appeal where notice of a cross appeal Cross
has been given, the Court will ordinarily hear the appellant first on the appeal
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.
(2) The Court may dismiss the cross appeal but shall not allow any
preliminary objection, application, appeal or cross appeal without calling
on the opposing party.
(3) 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.
(4) The notice of cross appeal referred to under sub rule (I) shall be
in the form set out in Form No.7 in the Schedule to these Rules.
PART VIII
GENERAL PROVISIONS

73. In addition to the provision of Order XLITI of the Code, and Powers
rule 10 of the High Court Registry Rules, the Registrar of the Court in of
registrars
the proceedings before the Court may conduct mediation under Part IV
GN. No.
of these Rules. 96 of
2005
74.-(1) Where the Registrar is of the opinion that an affidavit in Conse-
support of an application or a counter affidavit contravenes Order XIX quences
of the Code and section 8 of the Notaries Public and Commissioners for ofa
defective
Oaths Act, he may reject the application or the counter affidavit and affidavit
notify the relevant party or parties.
Cap. 12
(2) Notwithstanding the provision of sub rule (1), the affidavit or
counter affidavit shall not be deemed defective unless»

25
 High Court (Commercial Division) Procedure
GN No 250 (contd.)

(a) it is not signed by the deponent;

(b) it is not completed and signed by the person before whom
the affidavit was sworn or affirmed;
(c) it does not contain the full name, address and qualification
ofthe person before whom it was sworn or affimed; or
(d) it does not contain a declaration/verification or contains a
defective declaration/verification.
Amend- 75. The clerical or arithmetical mistakes in judgments, ruling, decrees
ment of
or orders, or errors, arising therein from any accidental slip or omission
judgment,
ruling or may, at any time, be corrected by the court either of its own motion or
order upon request of any of the parties.

Revocation 76.-(1) Rules 5A, 5B and 5C of the High Court Registry Rules are
and
hereby revoked.
Savings
GN.No. (2) Notwithstanding sub-rule (1), any proceedings, orders, decision
960f2005 or anything lawfully made or done under the revoked rules shall contin ue
and be deemed to have been made under these Rules.

FIRST SCHEDULE

FORMS

(Made under rules 21(1), 26(/). 30(1). 68(2), (6), 69(6) and 72(4))

IN THE HIGH COURT OF TANZANIA FORM NO.1

(COMMERCIAL DIVISION)
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN PLAINTIFF
AND DEFENDANT
APPLICATION FOR DEFAULT JUDGMENT
(Rule 21)
ro. .
Your Honourable
L the Plaintiff or the Principal Officer of Plaint iff
or advocate of the Plaintiff, thus conversant with the facts of the case do hereby apply for the
default judgment. The defendant was duly served with summons to file a defence and the defendant
has to date failed to comply with the order.
I request a judgment and decree to be entered against the defendant for the following reliefs
prayed in the Plaint or as the honourable court may deem fit to grant:

26
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

a) .
b) .
c) .

Signed 1 _ Position/office held 11-. _

(Plaintiff/Plaintiff's advocate (if signing on behalf of Firm/Company)

Date 11- _

THE UNITED REPUBLIC OF TANZANIA FORM NO. 2

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION)

AT .
COMMERCIAL CASE No OF 20 .
...................................................................................................................................... PLAINTIFF
AND
................................................................................................................................. DEFENDANT
NOTICE OF THE PRE-TRIAL CONFERENCE
(Rule 26)
To .
Take notice that you are required to attend before the Hon. Judge or Registrar
.............................. on day of'.. 20 at PM/AM
for a pre-trial conference.
Please take further note that in the event that a plaintiff and, ifrepresented, the plaintiff's advocate
does not appear at the Pre-trial Conference, the Hon. Judge may dismiss the suit or proceedings.
In the event that a defendant and, if represented, the defendant's advocate, does not appear at the
Pre-trial conference, the Judge may strike out the defence or counterclaim or enter judgment
or make such other order as it considers fit.
Given under my under hand and the seal of this court on the day of 20 .

Judge

27
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

FORM No. 3

IN THE HIGH COURT OF TANZANIA

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION-DSM)
AT DAR ES SALAAM
COMMERCIAL CASE NO OF 20 .
.......................................... PLAINTIFF
AND
............................................................................................................................. DEFENDANT
Notice of Mediation
(Rule 30)

To Plaintiff/Defendant
Take Notice that this case has been set for mediation on day of 20 .
at AM/PM before Mediator in and ALL PARTIES
and their advocates are hereby ORDERED to appear. Unless an agreement disposing of this case
is filed in advance of this date, the mediation will occur as scheduled.
Please note:
I. All parties who must approve a settlement and at least on advocate for each party if represented
by an advocate, must appear on the date and time in the mediation room listed below. If the
settlement must be approved by someone other than a party to the suit, the person should be
available by telephone, if possible, during the scheduled mediation. Institutional parties must
have an individual with the authority to settle the case present at the mediation.
2. Each party or advocate must bring to the mediation (I) if damages are requested, an outline of
how they have been or should be calculated (including, if appropriate, the time, period, and
rates of interest), and (2) relevant documentation, such as appraisals, receipts, and records.
3. All proceedings at the mediation, including any statement made or document prepared by any
party, advocate, or other participants, are confidential and will not be disclosed to the trial
judge or affect the case if it is not settled at this time. No party shall be bound by anything said
or done in the mediation unless a settlement is reached. If a settlement is reached, the agreement
will be put in writing and will be binding upon the parties to the agreement.
4. In the event that a plaintiff and, if represented, the plaintiff's advocate do not appear at the
mediation, the Mediator may dismiss the case. In the event that a defendant and, if represented,
the defendant'S advocate, do not appear at the Mediation, the Mediator may strike out the
defence.

Given under my under hand and the seal of this court on the Day of 20 .

RegistrarlMediator

28
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

FORM NO 4

IN THE HIGH COURT OF TANZANIA

COMMERCIAL DIVISION
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN
....................................................................................................................................... Applicant
And
................................................................................................................................... Respondent

APPLICATION FOR RESTORATION OF MEDIATION

(Under Rule 33(1))

I the above named applicant former PlaintifllDefendant*

applies for restoration of Mediation which was dismissed on the day of 20
............. on the following grounds:
i) .
ii) .
III) .

2. Requisite fees paid 1 1 (indicate with a iii mark if paid)

VERIFICATION
I do hereby solemnly verify that all
what is stated herein above is true to the best of my knowledge.
Advocate/Applicant .
Tel: E.mail .
Date Signature .

29
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

FORMNo. 5
IN THE HIGH COURT OF TANZANIA
COMMERCIAL DIVISION
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN
.............. Applicant
And
.................................................................................... Respondent

NOTICE OF APPEAL

(Under Rule 68(2))

To:
The Registrar of High Court (T) Commercial Division
take notice that the above named
plaintiff (or defendant) being dissatisfied with the decision of the .
Court at given on the .
day of 20 appeals to the High Court (T)
Commercial Division against the whole of the said decision (or such part of the said decision) as
decides that, (set out details).
Dated this day of 20 .

Appellant (or Advocate for Appellant)

CC; To the Plaintiff/Defendant.

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

FORMNo. 6

IN THE HIGH COURT OF TANZANIA

(COMMERCIAL DIVISION)
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN
.................................................................................................................................... PLAINTIFF
AND
................................................................................................................................ DEFENDANT
NOTICE THAT CERTIFIED COPIES OF NOTES
OF EVIDENCE AND JUDGMENT ARE READY

(Rille 68(6))

To:

................................................................... Plaintiff or Defendant,

Take notice that the certified copies of proceedings and judgment are ready and that a sum of
Tshs is liable to be paid by you as to the costs of preparing the
certified copies.
Dated this day of 20 .

Registrar

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)
FORMND. 7

IN THE HIGH COURT OF TANZANIA

(COMMERCIAL DIVISION)
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN
................................................................................................................................. PLAINTIFF
AND
.............................................................................................................................. DEFENDANT

NOTICE OF CROSS APPEAL

(Rule 71(5))

To the Registrar and the Appellant.

Take notice that, on the hearing of the above appeal, the respondent above named will contend
that the decision of the Court given on the .
day of 20 ought to be varied on the following grounds:
(Set out in numbered paragraphs:-
(a) the nature of the relief claimed; and/or
(b) the grounds reIied upon.)
Dated this day of 20 .

Respondent (or Advocate for the Respondent)

.SECOND SCHEDULE

(Made under Rule 9(5))

OATH OF A MEDIATOR
I. having been appointed as Mediator for
the Commercial Division of the High Court, do hereby swear/affirm/declare that) will freely and
without fear or favour, affection or ill-will, discharge the functions of a mediator, and that I will not
directly or indirectly reveal any matters relating to such functions to any unauthorized person or
otherwise than in the course of duty.

SO HELP ME GOD

Sworn/affirmed/declared before this day of

........................... ...20 .

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 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

THIRD SCHEDULE

IN THE HIGH COURT OF TANZANIA

(COMMERCIAL DIVISION)
AT .
COMMERCIAL CASE NO OF 20 .
BETWEEN
................................................. PLAINTIFF
AND
............................................................................................................................... DEFENDANT
WITNESS STATEMENT
(Rule 48(2))

For M/S/MRIMRS/MS @.!e!!.!".!..!!a.!!!.e !!1..t'!!..PI!!!1l!!!: '!!!P'!!.!h!..!.ta.!!..ment !!..ii~)

By: MSIMRIMRS C!!!!ert tht!..!!.a'!J!..0l!!!e witn!l!)
OfP. O. BOX .
I dI2'''13'''14'''16'''l701o .....................................................•................................... Witness statement
Exhibits referred to .
Date .
l, Body of Witness Statement
1.1 The witness statement must, if practicable, be in the intended witness's own words, the
statement should be expressed in the first person and should also state:
a) The full name of the witness;
b) His place of residence or, if he is making the statement in his professional, business or
other occupational capacity, the address at which he works, the position he holds and the
name of his firm or employer;
c) His occupation, or if he has none, his description, and
d) The fact that he is a party to the proceedings or is the employee of such a party if it be the
case.
2. A witness statement must indicate:
a) Which of the statements in it are made from the witness's own knowledge and which are
matters of information or belief: and
b) The source for any matters of information or belief in the relevant paragraphs.
3. Reference to exhibits
3.1. An exhibit used in conjunction with a witness statement should be verified and identified
by the witness and remain separate from the witness statement.
3.2. Where II witness refers to an exhibit or exhibits, he should state' I refer to the (description
of exhibit) marked •................................................ ".
3.3 At the top right end comer of the first page (and on the back sheet) of each exhibit there
should be clearly written.
a. The party on whose behalf it is tendered;
b. The initials and surname of the witness;
c. The number of the witness statement in relation to that witness;

33
 High Court (Commercial Division) Procedure
GN. No 250 (contd.)

d. The identifying initials and number of each exhibit referred to.

3.4. Where a witness makes more than one witness statement to which there are exhibits, in
the same proceedings, the numbering of the exhibits should run consecutively throughout and not
start again with each witness statement.
4. Format of witness statement
4.1. A witness statement should:-
(I) be produced on durable quality A4 paper with a 3.5cm margin;

(2) be fully legible and should normally be typed on one side of the paper only;
(3) Where possible, be bound securely in a manner which would not hamper filing, or otherwise
each page should be endorsed with the case number and should bear the initials of the witness;
(4) Have the pages numbered consecutively as a separate statement (or as one of several
statements contained in a file);
(5) Be divided into numbered paragraphs;
(6) Have all numbers, including dates. expressed in figures, and

(7) Give the reference to any document or documents mentioned either in the margin or in
bold text in the body of the statement.
4.2. It is usually for a witness statement to follow the chronological sequence of the events or
matters dealt with, each paragraph of a witnes statement should as far as possible be confined to a
distinct portion of the subject.
S, Statement of Truth
5.1. A witness statement is the equivalent of the oral evidence which that witness would, if
called, give in evidence; it must include a statement by the intended witness that he believes the
facts in it are true.
5.2. To verify a witness statement the statement of truth is as follows:
'I believe that the facts stated in this witness statement are true'
6. Jurat
Every notary public and Commissioner for oaths before whom the witness statement is taken
or made shall state truly in the jurat of attestation at what place and on what date the statement is
taken or made.

Dar es Salaam, MOHAMED O. CHANDE

6th July, 2012 Chief Justice

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