General Rules on Pleadings in Tanzania

General Rules on Pleadings in Tanzania

In Tanzania, pleadings in civil cases are governed by the Civil Procedure Code and must comply with specific rules to ensure clarity and fairness. Below are the key requirements:

• Concise Statement of Material Facts
  Pleadings must contain only a brief, clear, and precise statement of the material facts relied upon and avoiding unnecessary detail. (Order VI Rule 3 of the Civil Procedure Code) 3. Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively; and dates, sums and numbers may be expressed in figures. 

• No Evidence in Pleadings
  The pleading should state what facts are relied upon, not how they will be proved. Evidence belongs in the trial stage. 

• Numbered Paragraphs
  Material facts must be set out in consecutively numbered paragraphs for clarity and easy reference.

• Specific Paragraphs
  Each paragraph should address a separate, specific point as required under Order VI, Rule 4 of the Civil Procedure Code.

• Facts, Not Law
  Pleadings should be based on facts only, without including legal arguments, conclusions, or statements of law.

• Signature Requirement
  Every pleading must be signed by the party filing it and, if represented, by their advocate as required by Order VI, Rule 14.14. Every pleading shall be signed by the party and his advocate (if any); provided that, where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf.

• Verification
  All pleadings must be verified in accordance with Order VI, Rule 15, confirming the truth of the stated facts.15.-(1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case. (2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verified upon information received and believed to be true. (3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed