INTRODUCTION

The Civil Procedure Code is the principal legislation that governing proceedings in the country.
It provides a comprehensive framework for the conduct of civil litigation, including the filling of
complaints and other procedures

MAIN BODY

The code aims to ensure that civil proceedings are conducted in a fair, efficient, and timely
manner, respecting the rights of all parties involved. The following below are the procedures that
have be analyzed under The Civil Procedure Code1

The institution of suits

In this stage begins with the filing of a suit by the plaintiff. This involves preparing a statement
of claim, which outlines the facts of the case and the relief sought. The specific sections that
provide for the institution of suits and the preparation of the statement of claim detail the
procedural requirements and the necessary content that must be included in the claim. This is
according to order IV Rule 1, 2 and 32 .

The statement of claim must be clear, concise, and contain all the material facts on which the
plaintiff relies for their claim, as well as the legal grounds for the relief sought. It serves as the
foundation of the lawsuit and informs the defendant and the court of the nature of the complaint,
enabling the defendant to prepare their defense.

Issue and service of summons

Once a suit is filed, the court issues a summons to the defendant to appear and respond to the
claim. The process is outlined in Order V 3 of the Civil Procedure Code, which specifies how the
summons is to be issued, signed, sealed, and served. This is according to Order V Rule 1, 2, 3
and 44 of the Civil Procedure Code chapter 33 R.E 2019

i. Issue of Summons: The court prepares a summons that orders the defendant to file a
written statement of defense within a specified time frame.

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 ii. Signing and Sealing: The summons must be signed by the judge or such officer as the
court appoints and sealed with the court's seal.
iii. Copy of Plaint: Along with the summons, a copy of the plaint is also provided to the
defendant so they are informed of the claims against them.
iv. Service Delivery: The summons is then delivered or transmitted for service to the
defendant.
v. Mode of Service: The Code specifies the mode of service, which may include personal
delivery, registered post, or as directed by the court.

Written statement of the Defense

In this stage the defendant is required to file a written statement in response to the plaint. This
written statement of defense is a formal document in which the defendant admits or denies the
facts on which the plaintiff's claim is based and outlines the material facts upon which they
intend to rely in their defense. As it prescribed under Order VIII Rule 1 to 6 (1) (a) and b) 5 of the
Civil Procedure Code.

The process of filing a written statement typically involves the following steps:

i. Understanding the Plaint: Before drafting the written statement, the defendant must
thoroughly understand the allegations and legal basis of the plaint¹.
ii. Drafting the Statement: The written statement should include:
a. The name and place of the court where the suit has been filed.
b. The names of the parties involved.
c. The case numbers.
d. A concise statement of the material facts that the defendant will rely on for their
defense.
e. A prayer (request) for the relief sought, such as dismissal or striking out of the suit.
f. A verification clause affirming the truthfulness of the statement.
g. The signature of the defendant or their legal representative.
h. The signature of the court registry officer and the stamp of the court.

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 iii. Filing the Statement: The written statement must be filed with the court within the
time frame specified by the summons. It is usually filed at the court registry, and a
copy is served to the plaintiff or their legal representative.
iv. Observing Legal Requirements: The defendant must ensure that the written statement
complies with the legal requirements set forth in the Civil Procedure Code and any
relevant case law.

The framing of issues

is a critical stage in civil litigation, as it defines the specific points of law and fact that the court
must decide upon. In Tanzania, the process of framing issues typically involves the following
steps are as stated under Order II Rule 16 of the Civil Procedures Code R.E 2019

i. . Examination of Pleadings: The court examines the pleadings submitted by both

parties to identify the points of dispute. Pleadings include the plaint, written
statement, reply, and any additional documents provided by the parties.
ii. Identification of Disputed Facts: The court identifies which material facts are
admitted and which are denied. Issues are framed on the basis of these disputed facts.
iii. Legal Questions: The court also considers the legal questions that arise from the facts
of the case. These could be issues of law that need to be resolved for the case to
proceed.
iv. Parties' Input: The parties or their legal representatives may be asked to assist in
framing the issues, ensuring that all relevant matters are covered.
v. Recording of Issues: Once the issues are identified, they are recorded. This record
forms the basis for the trial, and the evidence will be directed towards resolving these
issues.

The Discovery and Inspection

This stage in civil proceedings is a pre-trial process where each party can obtain evidence from
the other party or parties by means of disclosure, interrogatories, and admission of facts. This
stage is crucial for preparing for trial and ensuring that both sides have access to the relevant

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facts and documents. Here's how it typically works as prescribed under Order XI Rule 1 and 2 7
of the Civil Procedure Code R.E 2019

i. Disclosure: Parties are required to disclose all documents relevant to the case, which are
in their possession, custody, or power. This includes documents on which they will rely
during the trial as well as those that could adversely affect their case or support another
party's case.
ii. Interrogatories: These are written questions sent by one party to another, which must be
answered in writing and under oath. Interrogatories are used to clarify matters of fact and
obtain admissions, thereby narrowing the issues for trial.
iii. Admissions: Parties may request that certain facts be admitted, which means that those
facts are accepted as true for the purposes of the trial. This can simplify the trial by
reducing the number of facts that need to be proved.
iv. Inspection: After documents have been disclosed, parties have the right to inspect the
original documents. They can also make copies if necessary. This allows for a thorough
examination of the evidence prior to trial.
v. Objections: Parties may object to certain discovery requests if they are irrelevant,
privileged, overly burdensome, or otherwise improper. The court can then decide whether
the discovery should be allowed.

The trial

In this stage both parties present their evidence and arguments. Witnesses may be called, and
cross-examinations conducted. Here is how a trial is typically conducted

i. Opening Statements: The trial begins with opening statements, where each party outlines
their case and what they intend to prove.
ii. Presentation of Evidence: The plaintiff presents their evidence first, followed by the
defendant. This includes documents, witness testimony, expert opinions, and other
relevant material.
iii. Witness Examination: Witnesses called by the parties are examined and cross-examined.
The party who called the witness conducts a direct examination, and the opposing party
then conducts a cross-examination.
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 iv. Expert Testimony: Experts may be called to provide specialized knowledge that is
beyond the understanding of the layperson. They undergo similar examination processes
as other witnesses.
v. Closing Arguments: After all evidence has been presented, both parties make closing
arguments, summarizing the evidence and making a final appeal to the judge or jury for a
favorable decision.
vi. Judgment: The judge (or jury, where applicable) considers the evidence and arguments
presented during the trial and renders a judgment.
vii. Post-Trial Motions: Parties may file motions after the trial seeking to alter or set aside
the judgment, or to request a new trial.

The judgment and decree

Refers to a statement given by a judge or magistrate that explain the grounds for a decree or
order, which includes the findings, the basis for the decision and the relief granted Here's how
the process typically unfolds:

i. Consideration of Evidence: The judge reviews all the evidence presented during the trial,
including testimonies, documents, and any other material submitted by the parties.
ii. Legal Deliberation: The judge considers the relevant laws and legal principles that apply
to the case. This includes statutes, case law, and legal doctrines.
iii. Findings of Fact: The judge makes findings of fact, determining what actually happened
based on the evidence. This involves assessing the credibility of witnesses and the weight
of the evidence.
iv. Conclusions of Law: The judge then applies the law to the facts to reach conclusions of
law. This step involves interpreting legal provisions and determining how they affect the
case.
v. Judgment: The judge writes a judgment, which includes the findings of fact, conclusions
of law, and the basis for the decision. The judgment will also specify the relief granted,
such as damages or injunctions.
vi. Delivery of Judgment: The judgment is then delivered in open court. The parties are
usually present, and the judgment becomes part of the public record¹.
vii. Post-Judgment: After the judgment is delivered, it can be enforced if necessary. Parties
also have the right to appeal the judgment if they believe there has been an error in the
proceedings or in the application of the law.

DECREE

This refers to a formal expression of adjudication which is conclusively determines the rights of
the parties with regard to all or any of the matters in controversy in the suits. As it stated under
ORDER XX Rule 1 to 128 of The Civil Procedure Code, chapter 33 R.E 2019. The process of
formulating and issuing a decree after a judgment is given involves several stages such as

i. Drafting the Decree: After the judgment is pronounced, the decree is drafted. It must
accurately reflect the court's decision and the relief granted. The decree includes the case
number, the names of the parties, the court's findings, and the specific orders made by the
court.
ii. Signing and Sealing: The decree is then signed by the judge or an authorized court officer
and sealed with the court's seal. This authenticates the decree as an official court
document.
iii. Delivery of the Decree: The decree is delivered to the parties involved, typically through
the court registry. The parties receive copies of the signed and sealed decree.
iv. Entry in Decree Book: The details of the decree are entered into the decree book
maintained by the court. This serves as a record of all decrees issued by the court.
v. Execution: If necessary, the decree can be executed to enforce the court's orders. This
may involve measures such as the seizure of property, attachment of earnings, or other
methods as provided by the law.

Execution

proceedings in Tanzania, following a decree, are the legal processes through which a decree-
holder enforces or realizes the rights granted by the court's decree. Steps as it stated under Order
XXI Rule 1 (i) (a), (b), (c) and 2 to 8 9 and also Section 3110 of The Civil Procedure Code R.E
2019. Here's a simplified explanation of how execution proceedings typically work:

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 i. Application for Execution: The decree-holder must file a written application for
execution to the court that passed the decree or to the court to which the decree has been
sent for execution.
ii. Details in the Application: The application should include the details of the decree, the
extent to which it has been satisfied, the parties involved, and the mode of execution
desired.
iii. Notice to the Judgment Debtor: Upon receiving the application, the court issues a notice
to the judgment debtor, informing them of the execution proceedings.
iv. Attachment of Property: If the decree involves the payment of money, the court may
order the attachment of the debtor's property to secure the amount. This means that the
property is seized and held by the court pending the outcome of the execution
proceedings¹.
v. Sale of Property: If the judgment debtor does not pay the decree amount, the attached
property may be sold, and the proceeds used to satisfy the decree.
vi. Other Measures: Depending on the nature of the decree, other measures such as the
delivery of property, enforcement of a specific act, or arrest and detention of the
judgment debtor may also be ordered.

The appeal

This stage is a critical post-judgment stage where a party that is dissatisfied with the outcome of
a case can challenge the decision before a higher court. Here's how the appeal process generally
works following a judgment or decree. As it prescribed under section 70 (1) 11 of the Civil
Procedure Code

i. Notice of Appeal: The first step is to file a notice of appeal. This must be done within
thirty (30) days from the date of the judgment or decree.
ii. Petition or Memorandum of Appeal: After filing the notice of appeal the appellant is
required to lodge a petition or memorandum of appeal it will depend on the nature of the
court itself. This document outlines the grounds of the appeal and must be filed within
sixty days in case of memorandum and only 30 days in case of petition of appeal

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 iii. Grounds for Appeal: The appellant must clearly state the grounds on which they are
appealing. This could be due to an error in law, a misinterpretation of the facts, or
procedural irregularities that affected the outcome of the case¹.
iv. Appellate Court's Review: The appellate court will review the record of the lower court's
proceedings, the judgment, and the decree, as well as the appellant's submissions.
v. Hearing: The appellate court may schedule a hearing where both parties can present their
arguments. The appellant argues why the lower court's decision should be overturned,
while the respondent defends the decision.
vi. Decision: After considering the submissions and evidence, the appellate court will make a
decision. It may uphold the lower court's decision, reverse it, or remand the case for a
new trial.
vii. Further Appeals: Depending on the court's structure and the specific case, there may be
additional opportunities for appeal to higher courts, such as the Court of Appeal of
Tanzania.

CONCLUSION

The Civil Procedure Code of Tanzania is designed to provide a clear and structured process for
civil litigation. The Code outlines the procedures for conducting trials, issuing judgments, and
executing decrees, with an emphasis on the efficient and equitable resolution of civil disputes.
By adhering to the provisions of the Civil Procedure Code, the Tanzanian courts strive to uphold
the rule of law and protect the legal rights of all parties involved in civil proceedings.

REFERENCE
LIST OF STATUES

The Civil Procedure Code, chapter 33 R.E