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High Court of Tanzania (Commercial Division Fees)

GOVERNMENT NOTICE No. 249 published on 131712012

THE JUDICATURE AND APPLICATION OF LAWS ACT(CAP. 358)

RULES(Made under section 4)

HIGH COURT OF TANZANIA (COMMERCIAL DNISION FEES) RULES, 2012

ARRANGEMENT OF RULES

Section TItle

1. Citation and Commencement.2. Interpretation.3. Court fees.4. Liability for fees.5. Contentious liability.6. Reference.7. Refund of fees.8. Government proceedings.9. Exemption.10. Revocation.

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THE JUDICATURE AND APPLICATION OF LAWS ACT(CAP. 358)

RULES(Made under section 4)

THE HIGH COURT OF TANZANIA (COMMERCIAL DNISION FEES) RULES, 2012

l.These Rules may be cited as the High Court of Tanzania(Commercial Division Fees) Rules, 2012 and shall come into operationon the I" July, 2012.

2. In these Rules, unless the context otherwise requires-"Court" means the Commercial Division of the High Court established

under Rule 5A of the High Court Registry Rules;

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Citation

Interpre-tationUN. No.96 of2005

High Court of Tanzania (Commercial Division Fees)GN No. 249 (contd.)

Court fees

Liabilityfor fees'

Conten-tious fees

Reference

Refund offees

Govern-mentproceed-ings

Exemp-tion

"Court fees" means the Court fees specified under rule 3 ofthese rules;"Registrar" means the Registrar ofthe Court and shall include a DeputyRegistrar and any person acting in that capacity.

3. The court fees specified in the First Schedule to these Rules shallbe paid to the Court in respect of all proceedings and matters specifiedtherein.

4. Unless expressly provided otherwise, and without prejudice to anyeventual order for costs, the fees for any proceedings and matter beforethe Court shall be payable by the person initiating proceedings or filingthe matter.

5. In the case where there is ambiguity, dispute or lacunae with respectto fees payable, a person with an obligation to pay the fees under theseRules shall refer the matter to the Registrar and the Registrar shall assessthe fees and give reasons thereof in writing.

6.-(1) Where fees have been assessed pursuant to Rule 5, any partyto the proceedings or matter aggrieved by that assessment may referobjection to the Judge in charge.

(2) A reference referred in sub-rule (1) shall be in the form prescribedin the Second Schedule to these Rules.

(3) Any reference referred to in this rule may be made at any time notlater than thirty days after the date of the determination by the registrarof the fees payable.

7. Where a suit is successfully mediated or settled out of Court withinsix months from the date of filing and upon a party who wish to apply forrefund shall submit a request in writing within two weeks from the dateof mediation or order, and a Judge or a Registrar may, make an order ofrefund of one quarter of the filing fees to that party.

8. No fee shall be payable by the Government in respect of proceedingsor matter instituted by or against the Government, but a judgment in favourof the Government for costs shall, unless the Court directs otherwise,include the amount of the fees which would have been payable if theproceedings or matter had been instituted by or against a private person.

9. Where there is any convention, agreement or treaty entered into bythe Government with any other country, the court fees specified in the

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First Schedule to these Rules shall not be payable in respect of suchproceedings or matter.

10. The Commerical Court (Fees) Rules are hereby revoked.

FIRST SCHEDULE

(Made under Rules 3 and 9)

1. On filing a plaint, counter-claim or sett-off. 2% ofthevalue of thesubject matterprovided thatthe totalamount of feepayable shallnot exceedTShs.10,000,000/=

2. On filing a plaint, counter-claim or set-off for the claim 3,000,000/=which cannot be valued in terms of money or institutinga claim by an originating summons.

3. On filing an application for restoration of mediation or 300,0001=suit dismissed for want of appearance at the pre-trial con-ference.

4. On filing an application for adjournment of mediation or 200,0001=costs for restoration of mediation.

5. On filing of a claim for damages but no specific amount is 3,000,0001=claimed, or injunction or declaration or any order whichcannot be valued in terms of money or a miscellaneouscause.

6. On filing an amended pleading which does not affect the 20,0001=value of the claim.

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Revoca-tion G.N.No. 275of 1999


7. On making an interlocutory application whether written 200,000/=or oral, including the fee for an affidavit in support andfor the order thereon.

8. For applying for the issue of a chamber summons, appli- 200,000/=cation not otherwise provided for and including the feesfor filing an affidavit in support and for the order thereon.

9 For applying for an adjournment. 150,000/=

10. On applying for leave to file a pleading or other 300,000/=documentation out of time including the fee for theorder thereon.

11. On filing an application for an order of mandamus or 300,000/=certiorari or an injunction (other than a temporaryinjunction)

12. Filing and deposit of other documents and on filing an 15,000/=account including the fee for filing the report thereon (ifany).

13. On filing a bill of costs for taxation. 20,000/=

14. On filing or depositing any document not otherwise 30,000/=provided for.

15. For the issue of warrant of attachment, eviction order, 100,000/=prohibitory order or other process in execution of adecree or order of the court.

16. For the service of any document, in addition to all 50,000/=necessary expenses where the service is to be effectedoutside the limits of the city, municipality or townshipin which the court issuing the document is situated orfor issue of summons at the request of a person outsidethe Court's jurisdiction.

17. For the issue of every notice, summons or warrant not 20,000/=otherwise provided for.

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18. For taking the evidence ofa witness on commission 100,000/=before hearing of the suit.

19. For the issue of a decree or order not otherwise 20,000/=provided for.

20. For the transfer of a decree outside Tanzania including 30,000/=the fees for application for an order, certificate of non-satisfaction and communication.

21. For attesting a signature. 20,000/=

22. For the attendance of an officer of the court to view, in 20,000/=addition to all necessary expences, unless the courtotherwise orders.

23. For the attendance of an officer of the court at a sale or to 20,000/=administer an oath or affmnation or to take an affidavit orreceive a declaration elsewhere than at the office of thecourt in addition to the fee prescribed.

24. For communication with a tribunal within Tanzania or 50,000/=outside Tanzania (except where the communication inrespect of services of document issued by the court).

25. For translation of any document for the first 100 words or 10,000/=part thereof.

26. For translation of any document for each subsequent 5,000/=100 words or part thereof.

27. For certifying a signature, Seal or a copy of any document. 20,000/=

28. For the issue of a certificate of non-satisfaction of decree 50,000/=or any other certificate not provided for.

29. For producing for inspection of the record of any case or 30,000/=any document in the custody of the court.

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30 On payment of money or deposit of anything into court 20,000/=as security on deposit or otherwise (except by way ofdeposit for witnesses) or assessors expenses or courtfees or for the subsistence of judgment debtor or is madeby an officer ofthe Court in the course of the administra-tion of a deceased's estate.

31. For the taking or passing of an account by an officer of 20,000/=the court and in addition for every sitting of three hoursor past three hours or part thereof after the first threehours.

32. On application for review of the judgment, reference or 100,000/=revision including the fees for filing an affidavit in sup-port.

33. On lodging an appeal against the final decree or any ap- 50,000/=pealable order.

34. On filing security. 50,000/=

35. On application for leave to appeal out oftime including 100,000/=an affidavit in support and the order thereof.

36. On every application made to the Court of Appeal in its 20,000/=appellate or provisional Jurisdiction, not otherwise pro-vided for, including the fee for the affidavit in supportand order thereon.

37. For the issue of a decree on appeal or an order in revi- 20,000/=sion.

38. All necessary expenses, unless the court orders other- 20,000/=wise.

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FORM NO.1

SECOND SCHEDULE

FORMS(Make under rules 6(2) and 7)

IN THE HIGH COURT OF TANZANIA(COMMERCIAL DIVISION)

AT .

COMMERCIAL CASE NO OF 20 .BElWEEN

.........................................................................PLAINTIFFAND

..............................................................................DEFENDANTDEFERENCE FORM

(Made under Rule 6(2))

Name/Referring Party .

Subject matter of the claim .

Filing Fees Assessed .

Ground for reference

1. . .

2 .

AdvocatelReferring party .

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Tel: E-mail .

Date .

SignatureFOR THE COMMERCIAL DIVISION ONLY

I, THE UNDERSIGNED DO HEREBY SUBMIT FOR YOUR Lordship's

Registrar Commercial Division

Date .

FORM2IN THE HIGH COURT OF TANZANIA

(COMMERCIAL DIVISION)

AT. .

COMMERCIAL CASE NO OF20 .BEIWEEN

...........................................................PLAINTIFFAND

.............................................................DEFENDANTREQUEST FOR REFUND

(Made under rule 7)

i) The above mentioned suit having been successfully mediated/settled within

six months from the date ofits institution. I/We .the above named Plaintiff(s)* lDefendant(s)* hereby request for refund of thefiling fees thereof.

ii) Date offiling suit. .

iii) Date of settlement.. .

iv) Requisite fees paid *Attach a copy of receipt

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In words ..I I. .

v) The amount requested for refund in words .

VERIFICATION

I... do hereby solemnly verify that allwhat is statedherein above is true to the best of my knowledge.

Advocate/Applicant. .

Tel: . E-mail .

Date . Signature .

Received by .Registry Officer

Date .

APPROVAL

I hereby approve/disapprove refund as requested herein above this .dayof. .20 .

Judge/Registrar

(*Delete whichever not applicable)

MOHAMEDOTHMANCHANDEChief Justice

Dar es Salaam,6th July, 2012

MOHAMED O. CHANDE,

Chief Justice

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