The Judicature and Application of Laws Act

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CHAPTER 358
THE JUDICATURE AND APPLICATION OF LAWS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
part ii
JURISDICTION OF THE HIGH COURT AND
SUBORDINATE COURTS
2. Jurisdiction of High Court.
3. High Court to have jurisdiction over proceedings relating to merchant shipping.
4. Rules of procedure.
5. Power to establish High Court divisions or registries.
6. Powers of single judge of High Court.
7. Jurisdiction of magistrates’ courts.
8. Judges to have all powers of magistrates.
9. Preferment of magistrates not to affect powers to complete proceedings.
part iii
APPLICATION AND RECOGNITION OF LAWS
A: APPLICATION OF ACTS OF UNITED KINGDOM
10. Certain Acts of United Kingdom Parliament to apply.
11. Repealed.
B: APPLICATION OF CUSTOMARY LAW
12. Applicability of customary law.
13. Declaration and modification of customary law.
14. Savings.
C: APPLICATION OF INDIAN ACTS
15. Indian Acts applied.
16. Modifications.
17. Power to adapt.
18. Future amending Acts not to apply.

law.
14. Savings.
C: APPLICATION OF INDIAN ACTS
15. Indian Acts applied.
16. Modifications.
17. Power to adapt.
18. Future amending Acts not to apply.

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
19. Abrogation of formalities prior to making rules.
20. Repealed.
21. Repealed.
22. Repealed.
SCHEDULES

APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
19. Abrogation of formalities prior to making rules.
20. Repealed.
21. Repealed.
22. Repealed.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS1
1. This Act may be cited as the Judicature and Application of
Laws Act. 1
PART II
JURISDICTION OF THE HIGH COURT
AND SUBORDINATE COURTS
2.–(1) Save as provided hereinafter or in any other written law,
expressed, the High Court shall have full jurisdiction in civil
and criminal matters. 1 NOTE: The revised version for this Act constists of-
(a) The Indian Acts (Application) Act (R.L. 2) which came into operation on
1st December, 1920 and whose provisions are reproduced in section 14,
15, 16, 17, 18 and 19; and
(b) The Judicature and Application of Laws Act (R.L. 453) which came into
operation on 9th December, 1961 and whose provisions are reproduced in
Part II and Part III A and B. Short title
Jurisdiction of
High Court
Act No. 31 of 1966 Sch. CHAPTER 358
THE JUDICATURE AND APPLICATION OF LAWS ACT
An Act to declare the jurisdiction of the High Court and courts subordinate
thereto and to apply and recognise certain laws. [1st December, 1920]1
[9th December, 1961]1
[s. 1]
R.L. Caps. 2 and 453
Ords. Nos.

courts subordinate
thereto and to apply and recognise certain laws. [1st December, 1920]1
[9th December, 1961]1
[s. 1]
R.L. Caps. 2 and 453
Ords. Nos.

7 of 1920
17 of 1922
25 of 1929
26 of 1932
8 of 1935
12 of 1936
35 of 1940
1 of 1951
36 of 1953
46 of 1954
26 of 1955
33 of 1956
51 of 1957
33 of 1960
38 of 1960
1 of 1961
35 of 1961
57 of 1961
Acts Nos. 8 of 1962
62 of 1962
55 of 1963
46 of 1964
15 of 1965
31 of 1966
49 of 1966
59 of 1966
6 of 1967
43 of 1967
5 of 1971
10 of 1971
3 of 2016

1
Acts Nos. 8 of 1962
62 of 1962
55 of 1963
46 of 1964
15 of 1965
31 of 1966
49 of 1966
59 of 1966
6 of 1967
43 of 1967
5 of 1971
10 of 1971
3 of 2016

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
(2) For the avoidance of doubt it is hereby declared that the
jurisdiction of the High Court shall extend to the territorial
waters.

P. 358 R.E. 2023]
(2) For the avoidance of doubt it is hereby declared that the
jurisdiction of the High Court shall extend to the territorial
waters.

(3) Subject to the provisions of this Act, the jurisdiction of
the High Court shall be exercised in conformity with the written
laws which are in force in Tanzania on the date on which this
Act comes into operation (including the laws applied by this
Act) or which may hereafter be applied or enacted and, subject
thereto and so far as the same shall not extend or apply, shall be
exercised in conformity with the substance of the common law,
the doctrines of equity and the statutes of general application
in force in England on the twenty-second day of July, 1920,
and with the powers vested in and according to the procedure
and practice observed by and before Courts of Justice and
Justices of the Peace in England according to their respective
jurisdictions and authorities at that date, save in so far as the
said common law, doctrines of equity and statutes of general
application and the said powers, procedure and practice may,
at any time before the date on which this Act comes into
operation, have been modified, amended or replaced by other
provision in lieu thereof by or under the authority of any order
of Her Majesty in Council, or by any Proclamation issued, or
any Act or Acts passed in and for Tanzania, or may hereafter
be modified, amended or replaced by other provision in lieu
thereof by or under any such Act or Acts of the Parliament of
Tanzania:
Provided always that, the said common law, doctrines of
equity and statutes of general application shall be in force in
Tanzania only so far as the circumstances of Tanzania and its
inhabitants permit, and subject to such qualifications as local
circumstances may render necessary.

ly so far as the circumstances of Tanzania and its
inhabitants permit, and subject to such qualifications as local
circumstances may render necessary.

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
3. The High Court shall be a Court of Admiralty and shall,
subject to the provisions of any written law, have jurisdiction
which is conferred upon it or which may hereafter be conferred
upon it as such Court of Admiralty by any written law and,
more particularly, shall have jurisdiction to make orders and
to hear and determine claims, proceedings and other matters
in respect of which jurisdiction is conferred upon a court by
the Merchant Shipping Act. 4. Subject to the provisions of any other written law, the
Chief Justice may make rules for regulating the practice and
procedure of the High Court and of all other courts established
in Tanzania. 5.–(1) The Chief Justice may, after consultation with the
President, by order published in the Gazette, establish such
number of divisions of the High Court as may be required for
the purpose of facilitating the discharge of judicial functions in
respect of specific matters as may be determined by the Chief
Justice.

required for
the purpose of facilitating the discharge of judicial functions in
respect of specific matters as may be determined by the Chief
Justice.

(2) The division established under subsection (1) shall,
notwithstanding any other written law, exercise jurisdiction
over such judicial functions as may be prescribed in the
establishment order. (3) The Chief Justice may by order published in the Gazette,
establish such number of registries or subregistries of the High
Court as may be required. (4) For avoidance of doubt, any division or registry or sub-
registry which was established by Chief Justice prior to the
coming into operation of the provisions of this section shall
be deemed to have been established in accordance with the
provisions of this section. (5) The Chief Justice may, by order published in the Gazette,
make rules prescribing practice and procedure of the division
established under this section or for such other matters as may
be required. [s. 4A]
High Court to
have jurisdiction
over proceedings
relating to
merchant
shipping
Acts Nos. 31 of 1966 Sch. 43 of 1967
3rd Sch. Cap. 165
Rules of
procedure
Power to establish
High Court
divisions or
registries
Act No. 3 of 2016 s. 18

cts Nos. 31 of 1966 Sch. 43 of 1967
3rd Sch. Cap. 165
Rules of
procedure
Power to establish
High Court
divisions or
registries
Act No. 3 of 2016 s. 18

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
6. Subject to any written law to the contrary, a judge of the
High Court may exercise all or any part of the jurisdiction of,
and all or any powers and authorities conferred on, the High
Court. [s. 5]
7. Subject to the provisions of any written law and to the
limits of its jurisdiction, a magistrates’ court shall exercise its
jurisdiction in accordance with the laws with which the High
Court is required by this Act to exercise its jurisdiction and
with such other laws as shall be in force in Tanzania from time
to time, and applicable to the proceedings before it, but no
magistrates’ court shall exercise any jurisdiction or powers that
are by any such law conferred exclusively on the High Court as
such or on a court of record. [s. 6]
8.

shall exercise any jurisdiction or powers that
are by any such law conferred exclusively on the High Court as
such or on a court of record. [s. 6]
8.

In addition to any other powers, functions and jurisdiction
conferred upon him, a judge of the High Court and a person
appointed to act as a judge of the High Court shall have and
may exercise all the powers and functions conferred by law
upon any description of magistrate, may hold any description
of a magistrates’ court and, when holding the same, shall have
and may exercise the jurisdiction of a magistrate of that court. [s. 7]
9.–(1) Notwithstanding that any magistrate shall have been
appointed to be or to act as a judge of the High Court or any
primary court magistrate shall have been appointed to be or to
act as a district magistrate, such former magistrate or primary
court magistrate shall have power and jurisdiction to continue
and complete any proceedings that were commenced before
him prior to such appointment. (2) The provisions of this section shall be without prejudice
to the generality of section 8. [s. 8]
Powers of single
judge of High
Court
Jurisdiction of
magistrates’
courts
Act No. 55 of 1963
6th Sch. Judges to have
all powers of
magistrates
Act No. 46 of 1964 s. 2
Preferment of
magistrates not
to affect powers
to complete
proceedings
Act No. 46 of 1964 s. 2

have
all powers of
magistrates
Act No. 46 of 1964 s. 2
Preferment of
magistrates not
to affect powers
to complete
proceedings
Act No. 46 of 1964 s. 2

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
PART III
APPLICATION AND RECOGNITION OF LAWS
A: APPLICATION OF ACTS OF
THE UNITED KINGDOM
10. The provisions of the Acts of the Parliament of the United
Kingdom described in the First Schedule hereto, as amended
prior to the twenty-second day of July, 1920, shall apply to
and have effect within Tanzania subject to the exceptions,
adaptations and modifications set out therein. [s. 9]
11. [Repealed by Act No.31 of 1966, Sch.]
[s.

effect within Tanzania subject to the exceptions,
adaptations and modifications set out therein. [s. 9]
11. [Repealed by Act No.31 of 1966, Sch.]
[s.

10]
B: APPLICATION OF CUSTOMARY LAW
12.–(1) Customary law shall be applicable to, and courts shall
exercise jurisdiction in accordance therewith in, matters of a
civil nature-
(a) between members of a community in which rules of
customary law relevant to the matter are established
and accepted, or between a member of one community
and a member of another community if the rules of
customary law of both communities make similar
provision for the matter;
(b) relating to any matter of status of, or succession to, a
person who is or was a member of a community in
which rules of customary law relevant to the matter are
established and accepted; or
(c) in any other case in which, by reason of the connection
of any relevant issue with any customary right or
obligation, it is appropriate that the defendant be treated
as a member of the community in which such right
or obligation obtains and it is fitting and just that the
Certain Acts of
United Kingdom
Parliament to
apply
Act Nos. 55 of 1963;
5 of 1971
Repealed
Applicability of
customary law
Act No. 55 of 1963

that the
Certain Acts of
United Kingdom
Parliament to
apply
Act Nos. 55 of 1963;
5 of 1971
Repealed
Applicability of
customary law
Act No. 55 of 1963

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
matter be dealt with in accordance with customary law
instead of the law that would otherwise be applicable,
except in any case where it is apparent, from the nature of
any relevant act or transaction, manner of life or business,
that the matter is or was to be regulated otherwise than by
customary law:
Provided that-
(i) where, in accordance with paragraph (a), (b) or
(c) of this subsection customary law is applicable
to any matter, it shall not cease to be applicable
on account of any act or transaction designed to
avoid, for an unjust purpose, the applicability of
customary law; and
(ii) this subsection shall not preclude any court from
applying the rules of Islamic law in matters of
marriage, divorce, guardianship, inheritance,
wakf and similar matters in relation to members
of a community which follows that law.

law in matters of
marriage, divorce, guardianship, inheritance,
wakf and similar matters in relation to members
of a community which follows that law.

(2) It is hereby declared for the avoidance of doubt that-
(a) a person may become a member of such a community
as is referred to in subsection (1), notwithstanding that
he was hitherto a member of some other community
(and whether or not any customary law is established or
accepted in such other community), by his adoption of
the way of life of the first-mentioned community or his
acceptance by such community as one of themselves,
and such adoption or acceptance may have effect either
generally or for particular purposes;
(b) a person may cease to be a member of a community
by reason of his adoption of the way of life of some
other community (whether or not any customary law
is established or accepted in such other community)
or acceptance by some other community as one of
themselves, but shall not be treated as having ceased
to be a member of a community solely by his absence
therefrom.

by some other community as one of
themselves, but shall not be treated as having ceased
to be a member of a community solely by his absence
therefrom.

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
(3) In any proceedings where the law applicable is customary
law, the court shall apply the customary law prevailing within
the area of its local jurisdiction, or if there is more than one
such law, the law applicable in the area in which the act,
transaction or matter occurred or arose, unless it is satisfied
that the proper customary law to be applied is some other law:
Provided that, the court shall not apply any rule or practice
of customary law which is abolished, prohibited, punishable,
declared unlawful or expressly or impliedly disapplied or
superseded by any written law. (4) Notwithstanding the provisions of this Act, the rules of
customary law and the rules of Islamic law shall not apply in
regard to any matter provided for in the Law of Marriage Act.

of this Act, the rules of
customary law and the rules of Islamic law shall not apply in
regard to any matter provided for in the Law of Marriage Act.

(5) For the avoidance of doubts it is hereby declared that the
reference to a written law in subsection (3) does not include
any law or practice other than any such written law applied to
or enforceable in Tanzania in accordance with the provisions
of section 10 or 15 of this Act, section 2(1) of the Law of Real
Property and Conveyancing Act or any English Act declared to
be in force by order made under section 11 of the Law of Real
Property and Conveyancing Act. [s. 11]
13.–(1) A district council may, and where the Minister so
requires shall, record in writing a declaration of what in the
opinion of the council is the local customary law relating to any
subject either as applying throughout the area of the council or
in any specified part thereof, and submit such declaration to
the Minister. (2) A district council may, if in the opinion of the council it
is expedient for the good government and welfare of the area,
submit for the consideration of the Minister a recommendation
for the modification of any local customary law, whether or
not a declaration has been recorded.

or the consideration of the Minister a recommendation
for the modification of any local customary law, whether or
not a declaration has been recorded.

(3) Where the Minister is satisfied that a declaration
recorded under subsection (1) accurately records the local
Cap. 29
Ord. No. 2 of 1923
Declaration and
modification of
customary law

that a declaration
recorded under subsection (1) accurately records the local
Cap. 29
Ord. No. 2 of 1923
Declaration and
modification of
customary law

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
customary law with respect to the subject to which it relates,
or that a modification recommended under subsection (2) is
expedient and that such local customary law or modification
is not incompatible in its terms or by necessary implication
with any written law, he may by order direct such declaration
or such modification to be the local customary law in respect
of the subject and within the area to which it relates and shall
cause such declaration or modification to be published in such
manner as he may deem expedient. (4) Notwithstanding the foregoing provisions of this
section, a declaration or modification shall not include any
provision purporting to declare any act or omission a crime,
and the Minister may amend any declaration deemed to have
been made under this section in order to remove any such
provision.

act or omission a crime,
and the Minister may amend any declaration deemed to have
been made under this section in order to remove any such
provision.

(5) In this section-
“district council” means a district council, established under
the Local Government (District Authorities) Act;
“Minister” means the Minister responsible for legal affairs. [s. 12]
14. An appointment made by the Governor of Tanganyika
under or for the purposes of any of the Acts set out in the First
Schedule hereto, and still in force immediately prior to the date
on which this Act comes into operation, shall continue in force
until revoked by the President or other appropriate authority. [s. 13]
C: APPLICATION OF INDIAN ACTS
15. The Acts of the Governor-General of India in Council
set out in the third column of the Second Schedule hereto
(and hereinafter referred to as “the Indian Acts”) and such
amendment of or substitution for the same as was in force on
1st December, 1920 are, subject to the exceptions described
in the fourth column of the said Schedule, hereby applied to
Tanzania. [s. 14]
Cap. 287
Savings
Indian Acts
applied

ubject to the exceptions described
in the fourth column of the said Schedule, hereby applied to
Tanzania. [s. 14]
Cap. 287
Savings
Indian Acts
applied

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
16. In the application of the Indian Acts, the following
modifications shall be made, that is to say-
(a) the word “Tanganyika” shall be substituted for the
words “British India”;
(b) the powers of the Governor-General in Council and of
the local Government shall be exercised by the President;
(c) the expressions “High Court” and “District Court” in
any of the said Acts shall be deemed to be the High
Court of Tanzania. [s. 15]
17. For the purpose of facilitating the application of the
Indian Acts, any court may construe any provision with such
modification not affecting the substance as may be necessary
or proper to adapt the same to the matter before it and it shall
be lawful for the President by notice in the Gazette, to prescribe
any such modification and to direct by what person or authority
any jurisdiction, powers or duties incident to the operation of
any of the said Acts shall be exercised or performed. [s. 16]
18.

person or authority
any jurisdiction, powers or duties incident to the operation of
any of the said Acts shall be exercised or performed. [s. 16]
18.

An Indian Act passed after the 1st December, 1920
amending or in substitution for any of the Indian Acts shall
not apply to Tanzania. [s. 17]
19. So much of any Indian Act applied to Tanzania by this Act
as requires the previous publication of a draft of proposed rules
or by-laws, or requires a draft of proposed rules or by-laws to
be referred to any board or authority, or provides that a power
to make rules or by-laws shall be subject to the condition of
the rules or by-laws being made after previous publication,
or requires any rule or by-law to be notified to the persons
affected thereby in any manner otherwise than publication in
the Gazette, shall not be, and shall be deemed never to have
been, in force in Tanzania. [s. 18]
Modifications
Power to adapt
Future amending
Acts not to apply
Abrogation of
formalities prior
to making rules
Ord. No. 17 of 1922 s. 2

zania. [s. 18]
Modifications
Power to adapt
Future amending
Acts not to apply
Abrogation of
formalities prior
to making rules
Ord. No. 17 of 1922 s. 2

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
20. [Repealed by Act No. 6 of 1967, s.180(6)(a).]
[s. 19]
21. [Repealed by Act No. 49 of 1966 by virtue of ss. 98-100 and
by Act No. 10 of 1971 2nd Sch.]
[s. 20]
22. [Repealed by Act No. 10 of 1971 2nd Sch.]
[s. 21]
FIRST SCHEDULE
(Made under section 10)
APPLIED ACTS OF THE PARLIAMENT
OF THE UNITED KINGDOM
Session and Chapter Short title Provisions which apply
19 & 20 Vict. c. 113 Foreign Tribunals Evidence
Act, 1856
The whole Act
22 Vict. c. 20 Evidence by Commission
Act, 1859
The whole Act
22 & 23 Vict. c. 63 British Law Ascertainment
Act, 1861
The whole Act
24 & 25 Vict. c. 94 Foreign Law Ascertainment
Act, 1861
The whole Act. 37 & 38 Vict. c. 94 Conveyancing (Scotland)
Act, 1874
Section 51. 47 & 48 Vict. c. 31 Colonial Prisoners Removal
Act, 1884
The whole Act. 48 & 49 Vict. c. 74 Evidence by Commission
Act, 1885. The whole Act.

ction 51. 47 & 48 Vict. c. 31 Colonial Prisoners Removal
Act, 1884
The whole Act. 48 & 49 Vict. c. 74 Evidence by Commission
Act, 1885. The whole Act.

The provisions set out in this Schedule shall apply to Tanzania as if
there were substituted for the references therein to-
(a) a British Colony or Possession, references to Tanzania;
(b) the Governor of a British Colony or Possession, references to
the President; and
(c) a Superior or Supreme Court, a Magistrate or Justice of the
Peace of a British Colony or Possession, and in the case of the
Conveyancing (Scotland) Act, 1874, to a Court of Probate in
a Colony, references to the High Court. Repealed
Repealed
Repealed

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THE JUDICATURE AND APPLICATION OF LAWS ACT [CAP. 358 R.E. 2023]
SECOND SCHEDULE
(Made under section 15)
APPLIED INDIAN ACTS
Year No Title Exceptions
(a)1865 X The Indian
Succession Act
Parts XXIX to XL(inclusive) and
section 333 but subject to s. 53 of the
Administrator-General (Powers and
Functions) Act (Cap. 27)
(b)1870 XXI The Hindu Wills Act
Ords. Nos.
26 of 1955 s. 15;
33 of 1960 s. 4;
38 of 1960 s. 3;
1 of 1961 s. 227;
35 of 1961 s.. 140
and141 (1);
Acts Nos.
49 of 1966;
59 of 1966 s. 14;
6 of 1967 s. 180;
10 of 1971
2nd Sch.

s. 4;
38 of 1960 s. 3;
1 of 1961 s. 227;
35 of 1961 s.. 140
and141 (1);
Acts Nos.
49 of 1966;
59 of 1966 s. 14;
6 of 1967 s. 180;
10 of 1971
2nd Sch.

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