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Civil Materials

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0% found this document useful (0 votes)
2 views23 pages

Civil Materials

Uploaded by

Joseph Sanga
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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✓ CIVILPROCEDURE LAW

Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

1
PLA Abdallah Juma. Law Library.

EXECUTION OF DECREE AND ORDER.


EXECUTION.

[1] INTRODUCTION.

Execution of decree means the process by which the decrees of


successful parties are satisfied1.

Referring the case of Shell and PB Tanzania Ltd v. University of


Dar es salaam,2 held that, “execution is the final act, that is, the
satisfaction of the judgment3 [….], the nature of the subject matter
would dictate the mode of execution.”

1
Chipeta, B. D (2002) Civil Procedure in Tanzania: A Student Manual. LawAfrica Publishing (T) Ltd. Dar es salaam.
Pg. 245
2
Civil Application no. 68 of 1999, Court of Appeal of Tanzania at Dar es salaam.
3
See Tanzania Motors Service Ltd v. Tantract Agencies Ltd, Civil Application no. 86 of 2004, Court of Appeal of
Tanzania at Dar es salaam.

1. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

Execution of a decree4 is governed by Civil Procedure Code under


Part III of Section 37 to 60 and Order XXI of Civil Procedure Code,
[Cap 33 R.E 2023].

[2] FACTORS TO CONSIDER BEFORE FILE APPLICATION FOR


EXECUTION OF A DECREE.

➢ TIME LIMITATION.

A party who wish to apply for execution must first be able to


determine if he or she within the prescribe time. The time limit for
execution is twelve years as per section 45(1) of The Civil
Procedure Code5 simply stipulated that, “….no order for the execution of
the decree shall be made upon any fresh application presented after the
expiration of twelve years from the date of the decree sought to be executed; or
where the decree or any subsequent order directs any payment of money or the
delivery of any property to be made at a certain date or at recurring periods, the

4
Section 3 of Civil Procedure Code define “decree” to mean the formal expression of an adjudication which, so far as
regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters
in controversy in the suit and may be either preliminary or final and it shall be deemed to include the rejection of a
plaint and the determination of any question within section 44 or section 99.
5
[Cap 33 R.E 2023].

2. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

date of the default in making the payment or delivery in respect of which the
applicant seeks to execute the decree.”

Bear in your coconut that, if time barred a party must file for
extension of time. The moving provision is Section 103 and 105 0f
The Civil Procedure Code6. Relevant document is Chamber
summons supported by Affidavit7.
➢ PARTIES TO EXECUTION.

In executing decree there are two parties which are the decree holder
and the judgment debtor8. According to Section 3 of [Cap 33 R.E 2023]
define “decree holder” to mean any person in whose favour a decree
has been passed or an order capable of execution has been made; also
define “judgment debtor” to mean any person against whom a decree
has been passed or an order capable of execution has been made.

6
[Cap 33 R.E 2023].
7
Refer Order XLIII (2) of Civil Procedure Code, “Every Application under Cap 33 R.E 2023 shall be made by
Chamber Summons supported by Affidavit.”
8
Bernard, K. M (2023). Handbook of Civil Procedure Law. Tridax Africa Company Limited. Vol 2, Mwanza. Pg. 79

3. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

➢ PROPER DECREE.

A decree holder before lodge an application for execution must have


a proper decree. A decree which can be executed. A decree which
reflect the date of the judgment. Meaning more that, a decree must
have the same date as the date of the judgment as the requirement of
Order XX Rule 7 of The Civil Procedure Code9.

In case a decree does not agree with the judgment, a decree holder
may apply for Rectification10 by using a normal letter or Chamber
Summons supported by Affidavit.

➢ PROPER COURT.

Not every court is competent to execute decree. A court with


jurisdiction to execute decree is the court which pass it or such court
which a decree is sent for execution. As per Section 39 of Civil

9
[Cap 33 R.E 2023].
10
Section 106 of Civil Procedure Code, “Clerical or arithmetical mistakes in judgment, decrees or orders, or errors
arising therein from any accidental slip or omission may, at any time, be corrected by the court either on its own
motion or on the application of any of the parties.”

4. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

Procedure Code11 which provides that, “A decree may be executed either


by the court which passed it or by the court to which it is sent for execution.”

Other relevant provision is Section 38, 39, 40 and Order XXI Rule 4-9
of The Civil Procedure Code12.

➢ PROPER AND RELEVANT DOCUMENT.

It is the duty of the Court to peruse an application for execution of a


decree carefully and to be satisfied that it has been properly drawn
before filing it13, according to Order XXI Rule 10(2) of The Civil
Procedure Code, an application for execution of a decree shall be
made be form no. 5 (F/5) which contain the following particulars;

(a) the number of the suit;

(b) the names of the parties;

(c) the date of the decree;

11
[Cap 33 R.E 2023].
12
[Cap 33 R.E 2023].
13
Chipeta, B. D (2002) Civil Procedure in Tanzania: A Student Manual. LawAfrica Publishing (T) Ltd. Dar es
salaam. Pg. 246

5. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

(d) whether any appeal has been preferred from the decree;

(e) whether any, and, if any, what, payment or other adjustment of the matter
in controversy has been made between the parties subsequently to the decree;

(f) whether any, and, if any, what, previous applications have been made for the
execution of the decree, the dates of such applications and their results;

(g) the amount with interest, if any, due upon the decree or other relief granted
thereby, together with particulars of any cross-decree, whether passed before
or after the date of the decree sought to be executed;

(h) the amount costs, if any, awarded;

(i) the name of the person against whom execution of the decree is sought; and

(j) the mode in which the execution is sought.

Format of F/5 is provided under The Civil Procedure (Approved Forms) Notice,
2017 as amended by GN no. 388 of 2017.

NB: F/5 does not applicable to the execution against the Government. A decree
holder may apply for execution against the Government by using a normal
letter to seek for Certificate containing particulars of the order as provided by

6. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

Order XXI Rule 3 of The Civil Procedure Code14 and Section 16 and 17 of The
Government Proceedings Act, [Cap 5 R.E. 2023]. Section 17(3) of the
Government Proceedings Act15, prohibit the attachment of Government`s
property similarly, prohibit a person to be individually liable on behalf of the
government.

➢ MODES OF EXECUTION.

Something important and very important under execution process is


selection of modes of execution of decree.

A decree holder before lodge an application for execution must


consider the mode of execution, must be able to choose the best way
to execute his decree, this is because an application which do not
contain the mode of execution will be defective hence, struck out by
the Court.

There are several modes of executing decree depends on the type and
nature of a decree as provided under Section 48 of The Civil

14
[Cap 33 R.E 2023].
15
[Cap 5 R.E. 2023].

7. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

procedure Code, which list some of the modes of Execution which


include but not limited to,

The court may, on the application of the decree holder, order


execution of the decree-

(a) by delivery of any property specifically decreed;

(b) by attachment and sale or by sale without attachment of any


property;

(c) by arrest and detention in prison;

(d) by appointing a receiver; or

(e) in such other manner as the nature of the relief granted may
require.

However, there is another mode of execution arises from common


law which is Garnishee order.

At this juncture, it is most important to grasp the gist of one another


as far as the modes of execution concerned.

8. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

✓ Attachment and Sale.

Attachment and sale are the common mode of execution for monetary
decree applied on both movable and immovable properties.

According to Order XXI Rule 30 of The Civil Procedure Code


provides that, “Every decree for the payment of money including a decree for the
payment of money as the alternative to some other relief, may be executed by the
attachment and sale of his property.”

Section 54(1) of The Civil Procedure Code list those properties


which may be subjected to attachment and sale in execution of a
decree, namely, lands, houses or other buildings, goods, money,
banknotes, cheque, bills of exchange, promissory notes, Government
securities, bonds or other securities for money debts, shares in a
corporation.

For those properties which cannot be attached articulated under the


Proviso of Section 54(1) paragraph (a)-(l) of The Civil Procedure
Code.

9. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

✓ Garnishee Order.

This is an order that deal with judgment debtor bank account.

Is the court order issued to instruct the judgment debtor`s third


party to redirect money or movable assets or holdings of judgment
debtor to creditor that he owes money16.

Referring the case of St John University of Tanzania v. Jeffery


Industries Saini Ltd and 1 another17 Judge Nangela opined that,
“Garnishee order involves a special procedure invoked to compel a third party18
who is in possession of the asset of the judgment debtor to forfeit the said asset to
the judgment creditor to the tune of the debt in question.”

There is no need of notice to a judgment debtor, it done ex-parte.

Garnishee order has two stages as elaborated in the case of St John


University of Tanzania v. Jeffery Industries Saini Ltd and 1

1616
Bernard, K. M (2023). Handbook of Civil Procedure Law. Tridax Africa Company Limited. Vol 2, Mwanza. Pg.96
17
Misc. Commercial Application no. 64 of 2021, The High Court Of Tanzania at Dar es salaam (2021) (unreported).
Pg. 2
18
“Third party” may be the employer, bank, financial institution or anyone who holds debtor`s movable properties,
ordinary debtors of the judgment debtor, trustees, pension fund, insurance company etc. See Handbook of Civil
Procedure Law by Msalaba (supra).

10. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

another19, that is to say, the first stage is Garnishee order nisi is an


ex parte stage between the Court and the Judgment creditor. It is only
pending salary of a party but still can access his money account upon
an application to the court and notification to the bank20 applied by
using F/5.

The second stage is Garnishee order absolute applied by using a


normal letter. Is the stage for the garnishee to show cause regarding
why the order nisi should not be made absolute21.

It is important and very important to note that, in case an individual


dissatisfied with order may apply to Lift the order by using Chamber
Summons supported by an affidavit.

✓ Arrest and detention as a civil prisoner.

19
Misc. Commercial Application no. 64 of 2021, (supra). Pg. 10
20
Bernard, K. M (2023). Handbook of Civil Procedure Law. Tridax Africa Company Limited. Vol 2, Mwanza. Pg 96.
21
Misc. Commercial Application no. 64 of 2021, (supra). Pg. 11

11. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

This is when a judgment debtor arrested and detention as a civil


prisoner. It is difficulty mode of execution of decree because of its
conditions.

The decree holder must prove that the judgment debtor has ability to
pay but fail to do so. Proved under the case of Shabani Iddi v.
Christiana Simon Masanja22, before Judge Kamana who held that,
“it is upon the decree-holder to prove to the satisfaction of the court
that the judgment debtor should be committed to prison. For the
court to issue an order for the arrest and detention of judgment
debtor as a civil prisoner, the decree-holder bears the burden to
prove those conditions and limitations set under The Civil Procedure
Code.

According to Order XXI Rule 30 of The Civil Procedure Code


provides that, “Every decree for the payment of money including a decree for the

22
Civil Revision no. 14511 of 2024, in the High Court of Tanzania at Mwanza (2024) (TanzLii). Pg. 9

12. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

payment of money as the alternative to some other relief, may be executed by the
arrest and dentition as a civil prisoner.”

Other relevant provisions include but no limited to Section 50 - 53


read together with Order XXI Rule 37- 41 of The Civil Procedure
Code, [Cap 33 R.E 2023].

Example a court may refuse or disallow to grant arrest and detention


if a judgment debtor has no ability to pay such amount of money
because of poverty or any other sufficient reason as per Order XXI
Rule 41(1) The Civil Procedure Code, [Cap 33 R.E 2023].

[3] REMEDIES AVAILABLE IN EXECUTION OF A DECREE.

➢ Stay of Execution.

Stay of execution is an order to suspend all or part of judicial


proceeding or a judgment resulting from that proceeding23.
Application for stay of execution is done by the judgment debtor who
desire to challenge the decision of the court.

23
Garner, A. B. (2009) Black`s Law Dictionary. 9th Ed. A Thomson Reuters business, West. Pg. 1548

13. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

An appeal shall not operate as impediment to the execution process


as per Rule 5(1) of Order XXXIX of The Civil Procedure Code.

Relevant document for the application for stays of execution


especially for the High Court and subordinate Court is chamber
summons supported by an affidavit and may be followed by
certificate of urgency.

For the Court of Appeal, stay of execution provided under Rule 11 of


The Tanzania Court of Appeal Rules, 2009 while the relevant
document is notice of motion supported by an affidavit as per Rule
48(1) of The Tanzania Court of Appeal Rules, 2009.

➢ Objection Proceeding.

Relevant Provisions, Rule 59-64 of Order XXI of The Civil Procedure


Code, [Cap 33 R.E. 2023]

Is the proceeding that are preferred by a third party whose property


has been wronged attached. Objection proceeding is done within 60
days.

14. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

A third party will institute a fresh suit if an objection is disallowed as


Rule 64 of Order XXI of The Civil Procedure Code24 which stipulated
that, “Where a claim or an objection is preferred, the party against whom an
order is made may institute a suit to establish the right which he claims to the
property in dispute, but, subject to the result of such suit, if any, the order shall be
conclusive.”

An objection proceeding will be disallowed into two situations; First,


when an application is designed25. Second, when application is
delayed26. Rule 59(1) of Order XXI of The Civil Procedure Code 27 “no
such investigation shall be made where the court considers that the claim or
objection was designedly or unnecessarily delayed.”

24
[CAP. 33 R.E. 2023]
25
“application is designed” in sense that, it appears to be a plan to defeat execution. “When it appears that the property
was at the time it was attached, in the possession of the judgment debtor as his own property, the court shall disallow
the claim”. Rule 62 of Order XXI (Bernard, K. M (2023))
26
“unnecessarily delayed” it has been overtaken by event such as when execution has been concluded and sale declared
absolute. Refer the case of Azania Bank Ltd v. Solohaga Company Ltd & 2 others, Misc. Commercial Application
No. 51 of 2021. (Bernard, K. M (2023)).
27
[CAP. 33 R.E. 2023].

15. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

➢ Revision.

Is the power of the higher court to call for record of any case which
has been decided by any court subordinate to it so as to satisfy itself
over legality and propriety of decision28.

Revision at this point is when an applicant asks the higher court to go


through the execution proceeding of the lower court to satisfy itself
over legality and propriety of the procedures.

It comes when execution proceeding is complete.

➢ Ask the executing court to answer question relating to


execution.

This is done before execution proceeding come to an end. According


to Section 44(1) of The Civil Procedure Code provides for the
Questions to be Determined by Court Executing Decree. The
Provision states that, “All questions arising between the parties to the suit in
which the decree was passed, or their representative, and relating to the execution,

28
Bernard, K. M (2023). Handbook of Civil Procedure Law. Pg. 125

16. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

discharge or satisfaction of the decree, shall be determined by the court executing


the decree and not by a separate suit.”

[4] IN CONCLUSION.

Something important and very important at this juncture, I wish to


pose and note that, the Execution process is not the same as Taxation
Process. Taxation process is for recovery of costs only which
governed by Advocate Remuneration Order, 2015. Rule 4 provides
for time limitation for file taxation process which is 60 days from the
date of an order awarding costs. While time limit for file execution of
decree is 12 years as aforementioned herein above. If time for lodge
an application to recover bill of costs come to an end, a party shall
apply for extension of time by using chamber summons supported by
an affidavit.

Relevant Document using in taxation process is Bill of Costs followed


by Certificate as to folios under Rule 55(1) of The Advocate
Remuneration Order, 2015.

17. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

A party aggrieved by the decision of Taxing master shall file


Reference to the Judge of the High Court by way of Chamber
summons accompanied with an affidavit within 21 days from the
date of decision and copies to be served within seven clear days as
per Rule 7 of The Advocate Remuneration Order, 2015.

In case time for file Reference come to an end, a party may apply for
extension of time by way of Chamber summons accompanied with
an affidavit and copies to be served at least seven days before for
hearing date as per Rule 8(2) of The Advocate Remuneration
Order, 2015.

This 1st Day of July, 2025


…………………………
Abdallah R. Juma
LLB Student- St Augustine University of Tanzania.
©All rights reserved.

18. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

Challenge 1:

AVIOLA sued KALABAKA for defamation before the RMC of Mwanza. The Court
granted all reliefs as prayed. AVIOLA decided to execute the decree thereof as a
result of which a motor vehicle with Reg. No. T999 CEM was attached. Thereafter,
a third party by name of MATOFALI emerged and claimed the car to be his through
filing objection proceedings, an application that has been struck out by the court for
wrong citation. Advice MATOFALI on the way forward, state the legal basis for
your advice and identify proper document(s) to be prepared.

Challenge 2:
MCHOMEKO was sued by CHAKAZA before the High Court of Tanzania at
Mwanza. The Trial Judge entered judgment in favour of the plaintiff, who wishes to
benefit from the judgment issued as soon as possible.
a. Assist CHAKAZA on essential matters to consider before filing an
application for execution.
b. Assist MCHOMEKO on step (s) that he needs to take to stop CHAKAZA
initiatives in (a) above, if any.
c. Suppose the court wrongfully attaches properties of BONGE LA DADA
instead of MCHOMEKO advice BONGE LA DADA on remedies available
to her under the law, (if any)

19. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

d. Suppose the court disallows claims of BONGE LA DADA in (c) above. What
will be the next proper path for him under the law, (if any).
Challenge 3:
Assume that there was Civil case no. 2 of 2023 before the District Court of
Mpwapwa at Mpwapwa were your client CHAKAZA has managed to prove his
Claims against AVIOLA. Now, assume further that the decree issued is dated at 15 th
July, 2023 while the Judgment is dated 1st July, 2025.
a. Advice your client on procedure to be followed, if any
b. Assist him to draft necessary documents, if any.
Challenge 4:
BONGE LA DADA & 200 OTHERS were former employees of Tanzania ports
Authority. Following wrongful termination, they successfully sued the Attorney
General before the High Court of Tanzania at Mwanza. Among others, the
Government was ordered to pay them a total of Five hundred million.
Advice the procedure to be followed to realize the decretal sum, the law applicable
and assist to draft necessary document (s), if any.
Challenge 5:
Write short notes on the following.
a. Application for restitution.
b. Garnishee order.

20. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

c. Bill of costs.
d. Objection Proceeding.
e. Stay of execution.
Note: all challenges written herein above were extracted from
Civil Procedure II past papers from St. Augustine University of
Tanzania.

This 1st Day of July, 2025


…………………………
Abdallah R. Juma
LLB Student- St Augustine University of Tanzania.
©All rights reserved.

21. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

REFERENCES.

BOOKS.

1. Bernard, K. M (2023). Handbook of Civil Procedure Law. Tridax


Africa Company Limited. Vol 2, Mwanza.
2. Chipeta, B. D (2002) Civil Procedure in Tanzania: A Student
Manual. LawAfrica Publishing (T) Ltd. Dar es salaam.
3. Garner, A. B. (2009) Black`s Law Dictionary. 9th Ed. A Thomson
Reuters business, West

STATUTES.

1. The Civil Procedure Code, [Cap 33 R.E 2023].


2. The Government Proceedings Act, [Cap 5 R.E. 2023].
3. The Advocate Remuneration Order, 2015

CASE LAWS.

1. Shell and PB Tanzania Ltd v. University of Dar es salaam, Civil


Application no. 68 of 1999, Court of Appeal of Tanzania at Dar es salaam.

22. Akawasha Gari Akateleza.


✓ CIVILPROCEDURE LAW
Juma, Abdallah. R. 2025.*

LLB Student, St- Augustine University of Tanzania (School Of Law)

Contact:- +255 789 276 392

Email: rajabua825@gmail.com.

PLA Abdallah Juma. Law Library.

2. Tanzania Motors Service Ltd v. Tantract Agencies Ltd, Civil


Application no. 86 of 2004, Court of Appeal of Tanzania at Dar es salaam.

3. St John University of Tanzania v. Jeffery Industries Saini Ltd


and 1 another, Misc. Commercial Application no. 64 of 2021, The High Court of

Tanzania at Dar es salaam (2021)

4. Shabani Iddi v. Christiana Simon Masanja, Civil Revision no. 14511 of

2024, in the High Court of Tanzania at Mwanza (2024) (TanzLii).

5. Azania Bank Ltd v. Solohaga Company Ltd & 2 others, Misc.

Commercial Application No. 51 of 2021.


This 1st Day of July, 2025
…………………………
Abdallah R. Juma. (2025)
LLB Student- St Augustine University of Tanzania.
©All rights reserved.

23. Akawasha Gari Akateleza.

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