The Law Reform (Fatal Accidents and Miscellaneous Provisions) Act

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CHAPTER 310
THE LAW REFORM
(FATAL ACCIDENTS AND
MISCELLANEOUS PROVISIONS) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title and application.
2. Interpretation.
part ii
FATAL ACCIDENTS
3. Action maintainable when death caused by wrongful act.
4. Action to be for benefit of dependants.
5. Payment into court.
6. Plaintiff to deliver particulars.
7. Exclusion of payment by insurers in assessment of damages.
8. Damages may be awarded in respect of funeral expenses.
part iii
SURVIVAL OF CAUSES OF ACTION
9. Effect of death on certain causes of action.
part iv
JOINT TORTFEASORS
10. Proceedings against, and contribution between, joint and
several tortfeasors.
part v
CONTRIBUTORY NEGLIGENCE
11. Apportionment of liability in case of contributory negligence.
12. Provisions as to workers and employers.

feasors.
part v
CONTRIBUTORY NEGLIGENCE
11. Apportionment of liability in case of contributory negligence.
12. Provisions as to workers and employers.

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
part vi
ABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT
AND MISCELLANEOUS PROVISIONS
13. Common employment.
14. Criminal liability unaffected.
15. Omitted.
16. Disapplication of United Kingdom Acts and saving.
part vii
MANDAMUS, PROHIBITION AND
CERTIORARI
17. Orders of mandamus, prohibition and certiorari substituted for writs.
18. Attorney General to be summoned as party.
19. Suit against President, Speaker or Chief Justice.
20. Rules of Court.
part viii
APPLICATION OF ACT
21. Omitted.

y General to be summoned as party.
19. Suit against President, Speaker or Chief Justice.
20. Rules of Court.
part viii
APPLICATION OF ACT
21. Omitted.

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PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Law Reform (Fatal Accidents
and Miscellaneous Provisions) Act. (2) This Act shall bind the Republic, but as regards the
Republic’s liability in tort shall not bind the Republic further
than the Republic is made liable in tort by the Government
Proceedings Act. 2. In this Act, unless the context otherwise requires-
“damage” includes loss of life or personal injury;
“dependant” means the wife or, where the marriage was
a polygamous marriage, each of the wives, husband,
father, mother, grandfather, grandmother, stepfather,
stepmother, son, daughter, grandson, granddaughter,
stepson, stepdaughter, brother, sister, half-brother,
half-sister, and includes an infant child whom the
deceased had accepted as a member of his family and
every other person who is, on the death of the deceased,
Short title and
application
Cap. 5
Interpretation
Act No. 5 of 1971 Sch.

er of his family and
every other person who is, on the death of the deceased,
Short title and
application
Cap. 5
Interpretation
Act No. 5 of 1971 Sch.

CHAPTER 310
THE LAW REFORM
(FATAL ACCIDENTS AND
MISCELLANEOUS PROVISIONS) ACT
An Act to effect miscellaneous reforms in the law relating to civil actions
and for related matters. [13th May, 1955]
R.L. Cap. 360
Ord. No. 6 of 1955
Acts Nos. 5 of 1968
5 of 1971
10 of 1971
27 of 1991
6 of 2020

civil actions
and for related matters. [13th May, 1955]
R.L. Cap. 360
Ord. No. 6 of 1955
Acts Nos. 5 of 1968
5 of 1971
10 of 1971
27 of 1991
6 of 2020

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
entitled to succeed to his property, otherwise than under
a will, in accordance with the law of succession applicable
to the estate of the deceased, and a person shall be
deemed to be the father or mother or son or daughter of
the deceased notwithstanding that he or she was related
to him illegitimately or in consequence of adoption
according to law;
“personal injury” includes any disease and any impairment
of a person’s physical or mental condition and the
expression “injured” shall be construed accordingly;
“wrongful act” means any negligence, breach of statutory
duty or other act or omission which gives rise to a liability
in tort. PART II
FATAL ACCIDENTS
3.

ngful act” means any negligence, breach of statutory
duty or other act or omission which gives rise to a liability
in tort. PART II
FATAL ACCIDENTS
3.

Where the death of any person is caused by the wrongful act
of any person and the wrongful act is such as would, if death
had not ensued, have entitled the person injured thereby to
maintain an action to recover damages in respect thereof, the
person who would have been liable if death had not ensued
shall be liable to an action for damages, notwithstanding
the death of the person injured, and although the death was
caused under such circumstances as would amount in law to a
criminal offence. 4.–(1) Every action brought under the provisions of this Part
shall be for the benefit of the dependants of the person whose
death has been so caused, and shall be brought either by and
in the name of the executor or administrator of the person
deceased or by and in the name or names of all or any of the
dependants, if more than one, of the person deceased. (2) In every such action the court may give such damages
as it may think proportionate to the injury resulting from
such death to the parties respectively for whom and for whose
Action
maintainable
when death
caused by
wrongful act
Action to be
for benefit of
dependants
Act No. 10 of 1971 Sch.

spectively for whom and for whose
Action
maintainable
when death
caused by
wrongful act
Action to be
for benefit of
dependants
Act No. 10 of 1971 Sch.

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
benefit such action is brought, and the amount so recovered,
after deducting the costs not recovered from the defendant,
shall be divided amongst the aforesaid parties in such shares as
the court shall find and direct:
Provided that, not more than one action shall lie for and in
respect of the same subject matter of complaint. 5. Notwithstanding the provisions of section 4, it shall be
sufficient, when the defendant pays money into court, that
he pays it as compensation in one sum to all persons entitled
under section 4 to damages for his wrongful act, without
specifying the shares into which it is to be divided by the court,
and where the said sum is not accepted, and an issue is taken
by the plaintiff as to its sufficiency, and the court shall think
the same sufficient, the defendant shall be entitled to judgment
on that issue. 6.

n
by the plaintiff as to its sufficiency, and the court shall think
the same sufficient, the defendant shall be entitled to judgment
on that issue. 6.

In every action brought under the provisions of this Part, the
plaintiff shall deliver to the defendant or his advocate, together
with the plaint, full particulars of the person or persons for
whom and on whose behalf such action is brought, and of the
nature of the claim in respect of which damages are sought to
be recovered. 7. The court in assessing damages in any action brought under
the provisions of this Part shall not take into account any
sum paid or payable on the death of the deceased under any
contract of insurance or assurance. 8. Damages may be awarded in respect of the funeral expenses
of the deceased person where such expenses have been
incurred by the parties for whose benefit the action is brought. Payment into
court
Plaintiff to deliver
particulars
Exclusion of
payment by
insurers in
assessment of
damages
Damages may
be awarded in
respect of funeral
expenses

court
Plaintiff to deliver
particulars
Exclusion of
payment by
insurers in
assessment of
damages
Damages may
be awarded in
respect of funeral
expenses

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
PART III
SURVIVAL OF CAUSES OF ACTION
9.–(1) Subject to the provisions of this section, on the death of
any person after the commencement of this Act, all causes of
action subsisting against or vested in him shall survive against,
or, as the case may be, for the benefit of his estate:
Provided that, this subsection shall not apply to causes of
action for defamation or seduction or for inducing one spouse
to leave or remain apart from the other or to claims for damages
on the ground of adultery.

ion for defamation or seduction or for inducing one spouse
to leave or remain apart from the other or to claims for damages
on the ground of adultery.

(2) Where a cause of action survives as aforesaid for
the benefit of the estate of a deceased person, the damages
recoverable for the benefit of the estate of that person-
(a) shall not include any exemplary damages;
(b) in the case of a breach of promise to marry, shall be
limited to such damage, if any, to the estate of that
person as flows from the breach of promise to marry;
and
(c) where the death of that person has been caused by the
wrongful act which gives rise to the cause of action,
shall be calculated without reference to any loss or gain
to his estate consequent on his death, except that a sum
in respect of funeral expenses may be included. (3) Proceedings shall not be maintainable in respect of
a cause of action in tort which by virtue of this section has
survived against the estate of a deceased person unless either-
(a) proceedings against him in respect of that cause of
action were pending at the date of his death; or
(b) proceedings are taken in respect thereof not later than
six months after his executor or administrator took out
representation.

e of his death; or
(b) proceedings are taken in respect thereof not later than
six months after his executor or administrator took out
representation.

(4) Where damage has been suffered by reason of any
wrongful act in respect of which a cause of action would have
subsisted against any person if that person had not died before
or at the same time as the damage was suffered, there shall be
deemed, for the purposes of this Act, to have been subsisting
Effect of death on
certain causes of
action

e as the damage was suffered, there shall be
deemed, for the purposes of this Act, to have been subsisting
Effect of death on
certain causes of
action

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
against him before his death such cause of action in respect of
that wrongful act as would have subsisted if he had died after
the damage was suffered. (5) The rights conferred by this Part for the benefit of the
estate of deceased persons shall be in addition to and not
in derogation of any rights conferred on the dependants of
deceased persons by Part II and so much of this Part as relates
to causes of action against the estates of deceased persons shall
apply in relation to causes of action under Part II as it applied
in relation to other causes of action not expressly excepted
from the operation of subsection (1) of this section.

action under Part II as it applied
in relation to other causes of action not expressly excepted
from the operation of subsection (1) of this section.

(6) In the event of the insolvency of an estate against which
proceedings are maintainable by virtue of this section, any
liability in respect of the cause of action in relation to which
the proceedings are maintainable shall be deemed to be a debt
provable in the administration of the estate, notwithstanding
that it is a demand in the nature of unliquidated damages
arising otherwise than by a contract, promise or breach of
trust.

he estate, notwithstanding
that it is a demand in the nature of unliquidated damages
arising otherwise than by a contract, promise or breach of
trust.

PART IV
JOINT TORTFEASORS
10.–(1) Where damage is suffered by any person as a result of
a tort whether a crime or not-
(a) judgment recovered against any tortfeasor liable in
respect of that damage shall not be a bar to an action
against any other person who would, if sued, have
been liable as a joint tortfeasor in respect of the same
damage;
(b) where more than one action is brought in respect of
that damage by and on behalf of the person by whom
it was suffered, or for the benefit of the estate, or of a
dependant of that person, against tortfeasors liable in
respect of the damage whether as joint tortfeasors or
otherwise the sums recoverable under the judgment
given in those actions by way of damages shall not in the
Proceedings
against, and
contribution
between, joint
and several
tortfeasors

er the judgment
given in those actions by way of damages shall not in the
Proceedings
against, and
contribution
between, joint
and several
tortfeasors

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
aggregate exceed the amount of the damages awarded
by the judgment first given, and in any of those actions,
other than that in which judgment is first given, the
plaintiff shall not be entitled to costs unless the court
is of opinion that there was reasonable ground for
bringing the action;
(c) any tortfeasor liable in respect of that damage may
recover contribution from any other tortfeasor who
is, or would, if sued, have been, liable in respect of
the same damage whether as a joint tortfeasor or
otherwise, so, however, that no person shall be entitled
to recover contribution under this section from any
person entitled to be indemnified by him in respect
of the liability in respect of which the contribution is
sought.

ution under this section from any
person entitled to be indemnified by him in respect
of the liability in respect of which the contribution is
sought.

(2) In any proceedings for contribution under this
section, the amount of the contribution recoverable from
any person shall be such as may be found by the court to be
just and equitable having regard to the extent of that person’s
responsibility for the damage and the court shall have power
to exempt any person from liability to make contribution, or
to direct that the contribution to be recovered from any person
shall amount to a complete indemnity. (3) The reference in this section to “the judgment first given”
shall, in a case where that judgment is reversed on appeal, be
construed as a reference to the judgment first given which
is not so reversed and, in a case where a judgment is varied
on appeal, be construed as a reference to that judgment as so
varied. PART V
CONTRIBUTORY NEGLIGENCE
11.–(1) Where any person suffers damage as the result partly
of his own wrongful act and partly of the wrongful act of any
other person, a claim in respect of that damage shall not be
Apportionment
of liability in case
of contributory
negligence

of the wrongful act of any
other person, a claim in respect of that damage shall not be
Apportionment
of liability in case
of contributory
negligence

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
defeated by reason of the wrongful act of the person suffering
the damage, but the damages recoverable in respect thereof shall
be reduced to such extent as the court thinks just and equitable
having regard to the claimant’s share in the responsibility for
the damage:
Provided that-
(a) this subsection shall not operate to defeat any defence
arising under a contract;
(b) where any contract or enactment providing for the
limitation of liability is applicable to the claim, the
amount of damages recoverable by the claimant by
virtue of this subsection shall not exceed the maximum
limit so applicable. (2) Where damages are recoverable by any person by virtue
of subsection (1) of this section subject to such reduction as is
therein mentioned, the court shall find out and record the total
damages which would have been recoverable if the claimant
had not been at fault.

s is
therein mentioned, the court shall find out and record the total
damages which would have been recoverable if the claimant
had not been at fault.

(3) The provisions of Part IV shall apply in any case where
two or more persons are liable or would, if they had all been
sued, be liable by virtue of subsection (1) of this section in
respect of the damage suffered by any person. (4) Where any person dies as the result partly of his own
wrongful act and partly of the wrongful act of any other person,
and accordingly if an action were brought for the benefit of
the estate under Part III, the damages recoverable would be
reduced under subsection (1), any damages recoverable in an
action brought for the benefit of the dependants of that person
under Part II shall be reduced to a proportionate extent. (5) Where, in any case to which subsection (1) of this
section applies, one of the persons at fault avoids liability to any
other such person or his executor or administrator by reason
of any enactment limiting the time within which proceedings
may be taken, he shall not be entitled to recover any damages
or contributions from that other person or executor or
administrator by virtue of the said subsection.

he shall not be entitled to recover any damages
or contributions from that other person or executor or
administrator by virtue of the said subsection.

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
(6) For the purposes of this section “wrongful act” includes
any act or omission which would, apart from this section, give
rise to the defence of contributory negligence.

of this section “wrongful act” includes
any act or omission which would, apart from this section, give
rise to the defence of contributory negligence.

12.–(1) Where, within the time limited for the taking of
proceedings under the Workers’ Compensation Act, hereinafter
in this section referred to as the Act, an action is brought to
recover damages independently of the Act in respect of an
injury or disease giving rise to a claim for compensation under
the Act, and it is determined in that action that-
(a) damages are recoverable independently of the Act
subject to such reduction as is mentioned in subsection
(1) of section 11 of this Act; and
(b) the employer would have been liable to pay
compensation under the Act,
subsection (2) of section 25 of the Act which enables the
court, on the dismissal of an action to recover damages
independently of the Act, to assess and award compensation
under the Act shall apply in all respects as if the action had
been dismissed and, where the claimant chooses to have
compensation assessed and awarded in accordance with the
said subsection (2), damages shall not be recoverable in the
said action.

ant chooses to have
compensation assessed and awarded in accordance with the
said subsection (2), damages shall not be recoverable in the
said action.

(2) Where a worker or his executor or administrator or
dependant has recovered compensation under the Act, in
respect of an injury caused under circumstances which would
give a right to recover reduced damages in respect thereof by
virtue of section 11 of this Act from some person other than the
employer hereinafter referred to as “the third party”, any right
conferred by section 24 of the Act, on the person by whom
the compensation was paid, or on any person called on to pay
an indemnity under section 23 of the Act, to be indemnified
by the third party shall be limited to a right to be indemnified
in respect of such part only of the sum paid or payable by the
said person as bears to the total sum so paid or payable the
same proportion as the said reduced damages bear to the total
Provisions as
to workers and
employers
Cap. 263

to the total sum so paid or payable the
same proportion as the said reduced damages bear to the total
Provisions as
to workers and
employers
Cap. 263

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
damages which would have been recoverable if the worker had
not been at fault. (3) For the purposes of this section “employer” and “worker”
have the same meaning as in the Act. PART VI
ABOLITION OF THE DOCTRINE
OF COMMON EMPLOYMENT AND
MISCELLANEOUS PROVISIONS
13.–(1) It shall not be a defence to an employer who is sued
in respect of personal injuries caused by the wrongful act of a
person employed by him that, that person was, at the time the
injuries were caused, in common employment with the person
injured. (2) Any provision contained in a contract of service
or apprenticeship, or in an agreement collateral thereto
including a contract or agreement entered into before the
commencement of this Act shall be void in so far as it would
have the effect of excluding or limiting any liability of the
employer in respect of personal injuries caused to the person
employed or apprenticed by the wrongful act of persons in
common employment with him. 14.

mployer in respect of personal injuries caused to the person
employed or apprenticed by the wrongful act of persons in
common employment with him. 14.

This Act shall not affect any criminal proceedings against
any person in respect of any wrongful act. 15. [Omitted.]
16. For the avoidance of doubt it is hereby declared that the
Fatal Accidents Acts, 1846 to 1908, of the United Kingdom,
shall no longer apply to Tanzania:
Provided that, any right or liability accrued or incurred
thereunder shall be deemed to have accrued or been incurred
under Part II of this Act as if this Act had been in force on the
Common
employment
Criminal liability
unaffected
Omitted
Disapplication of
United Kingdom
Acts and saving
27 and 28
Vict.,
c. 958
Edw. 7,
c. 7

e on the
Common
employment
Criminal liability
unaffected
Omitted
Disapplication of
United Kingdom
Acts and saving
27 and 28
Vict.,
c. 958
Edw. 7,
c. 7

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
date when such right or liability so accrued or was incurred
and any remedy or legal process in respect thereof may be
instituted, continued or enforced accordingly. PART VII
MANDAMUS, PROHIBITION AND
CERTIORARI
17.–(1) The High Court shall not, whether in the exercise of its
civil or criminal jurisdiction, issue any of the prerogative writs
of mandamus, prohibition or certiorari. (2) In any case where the High Court would but for
subsection (1) have had jurisdiction to order the issue of a
writ of mandamus requiring any act to be done or a writ of
prohibition prohibiting any proceedings or matter, or a writ of
certiorari removing any proceedings or matter into the High
Court for any purpose, the Court may make an order requiring
the act to be done or prohibiting or removing the proceedings
or matter, as the case may be.

rt for any purpose, the Court may make an order requiring
the act to be done or prohibiting or removing the proceedings
or matter, as the case may be.

(3) Return shall not be made to any such order and no
pleadings in prohibition shall be allowed, but the order shall
be final, subject to the right of appeal therefrom conferred by
subsection (5). (4) In any written law, references to any writ of mandamus,
prohibition or certiorari shall be construed as references to the
corresponding order and references to the issue or award of
any such writ shall be construed as references to the making of
the corresponding order. (5) A person aggrieved by an order made under this section
may appeal therefrom to the Court of Appeal. 18.–(1) Where leave for application for an order of mandamus,
prohibition or certiorari is sought in any civil matter against the
Government, the court shall order that the Attorney General
be summoned to appear as a party to those proceedings; save
that where the Attorney General does not appear before the
court on the date specified in the summons, the court may
direct that the application be heard ex parte. Orders of
mandamus,
prohibition
and certiorari
substituted for
writs
Act No. 55 of 1968
Attorney General
to be summoned
as party
Act No. 27 of 1991

e. Orders of
mandamus,
prohibition
and certiorari
substituted for
writs
Act No. 55 of 1968
Attorney General
to be summoned
as party
Act No. 27 of 1991

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
(2) In any proceedings involving the interpretation of the
Constitution with regard to the basic freedoms, rights and
duties specified in Part III of Chapter I of the Constitution,
no hearing shall be commenced or continued unless the
Attorney General or his representative designated by him
for that purpose is summoned to appear as a party to those
proceedings, save that where the Attorney General or his
designated representative does not appear before the Court on
the date specified in the summons, the court may direct that
the hearing be commenced or continued, as the case may be,
ex parte. (3) For the purposes of this section the term “Government”
includes a public officer and any office in the service of the
United Republic established by or under any written law. [s. 17A]
19.

term “Government”
includes a public officer and any office in the service of the
United Republic established by or under any written law. [s. 17A]
19.

Notwithstanding any provisions to the contrary, leave of
application for orders under section 18 or any other suit under
this Act for any act or omission by the President, Vice-President,
Prime Minister, Speaker, Deputy Speaker or Chief Justice shall
be sought or brought against the Attorney General. [s. 18A]
20.–(1) The Chief Justice may make rules of Court prescribing
the procedure and the fees payable or documents to be filed or
issued in cases where an order referred to in subsection (2) of
section 17 is sought. (2) Subject to the provisions of subsection (3), rules made
under subsection (1) of this section may prescribe that
applications for an order under section 17 shall, in specified
proceedings, be made within six months or such shorter
period as may be prescribed after the act or omission to which
the application for leave relates. (3) In the case of an application for an order to remove any
judgment, order, decree, conviction or other proceeding for the
purpose of its being quashed, leave shall not be granted unless
the application for leave is made not later than six months after
Suit against
President,
Speaker or Chief
Justice
Act No. 6 of 2020 s. 37
Rules of Court

application for leave is made not later than six months after
Suit against
President,
Speaker or Chief
Justice
Act No. 6 of 2020 s. 37
Rules of Court

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THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023]
the date of the proceeding or such shorter period as may be
prescribed under any Act, and where the proceeding is subject
to appeal, and a time is limited by law for the bringing of the
appeal, the Court or judge may adjourn the application for
leave until the appeal is determined or the time for appealing
has expired.
[s. 19]
PART VIII
APPLICATION OF ACT
21. [Reproduced as s. 1(2)].
[s. 20]
Omitted