Contempt of Court in Tanzania – Meaning, Laws, and Punishment

Contempt of court in Tanzania is a serious offence because it threatens the authority of the judiciary and the administration of justice. Although Tanzania does not have a single law dedicated only to contempt of court, the offence is covered under the Penal Code and the Civil Procedure Code. Courts also have inherent powers to deal with contempt whenever it arises.

If you have ever wondered what amounts to contempt of court in Tanzania or what the punishment is for disobeying a court order, this article explains the basics in simple terms.

What is Contempt of Court in Tanzania?

Contempt of court happens when someone:

• Shows disrespect to the court,

• Disobeys court orders, or

• Interferes with the proper running of a judicial proceeding.

It can happen inside the courtroom (direct contempt) or outside the courtroom (indirect contempt).

Legal Provisions on Contempt of Court

1. Section 124 of the Penal Code

This section deals with disobedience of court orders.

• Anyone who ignores or disobeys an order, warrant, or command from a court commits an offence.

• Penalty: Up to two years’ imprisonment, unless another punishment is specifically provided.

👉 In short: If a Tanzanian court orders you to do something, you must comply, otherwise you risk prison time.

2. Section 114 of the Penal Code

This section lists specific acts that amount to contempt of court, such as:

• Showing disrespect to judges or proceedings in court.

• Refusing to give evidence when called as a witness.

• Causing disturbances during a hearing.

• Publishing false or misleading reports about ongoing cases.

• Retaking property, land, or a child after the court has given judgment.

• Refusing to pay court-ordered compensation without a valid reason.

• Any other intentional act of disrespect towards the court.

Punishment:

• Up to six months in prison, or

• A fine of up to TZS 100,000.

If the contempt happens in front of the judge, the court can immediately fine the offender or send them to prison for up to six months.

3. Civil Procedure Code (Cap 33 R.E 2019)

The Civil Procedure Code also empowers courts to handle contempt in civil cases. For example, under Order 37 Rule 2(2), disobeying an injunction can lead to punishment for contempt.

Types of Contempt of Court in Tanzania

• Direct Contempt: Happens inside the courtroom, e.g., insulting the judge or disrupting proceedings.

• Indirect Contempt: Happens outside the courtroom, e.g., refusing to follow a court order or publishing misleading case details.

Penalties for Contempt of Court in Tanzania

Depending on the offence, penalties may include:

• Imprisonment (up to two years under Section 124, or six months under Section 114).

• Fines (up to TZS 100,000).

• Immediate punishment if the offence is committed in front of the court.

Why Contempt of Court Matters

Respect for court orders and proceedings is key to the rule of law in Tanzania. Without it, justice cannot be properly delivered. By punishing contempt, courts protect:

• The authority of judges,

• The integrity of trials, and

• The rights of all parties to a fair hearing.

👉Conclusion

Contempt of court in Tanzania covers any act of disrespect, disobedience, or interference with court proceedings or orders. The law is clear: failing to comply with a court order or showing disrespect to the judiciary can lead to fines or imprisonment.

To avoid legal problems, always respect court orders and conduct yourself properly in legal proceedings.

Interlocutory proceedings

Interlocutory Proceedings

Interlocutory proceedings are legal actions filed in court to obtain temporary relief pending the final determination of the main suit. They aim to preserve rights, protect property, or prevent harm before judgment is delivered. These orders are procedural and do not resolve the substantive issues of the case.

Types of Interlocutory Orders under the Civil Procedure Code, Cap. 33

1. Interim Payment
   Payment ordered before the total sum owed is determined, often when the defendant admits part of the claim.
   Order XII, Rule 4 allows judgment based on admitted facts without waiting for other issues to be decided.

2. Security for Costs
   A deposit or guarantee to cover the other party’s costs if the case fails. Common when the plaintiff resides outside Tanzania and has no property within the jurisdiction.
   Provided under Order XXV, Rule 1(1).

3. Arrest Before Judgment
   Ordered when the defendant intends to abscond or obstruct execution of a future decree. The court may require security for appearance.
   Governed by Order XXXVI, Rule 1.

4. Attachment Before Judgment
   The court can seize property if the defendant is about to dispose of or remove it to avoid execution.
   Provided under Order XXXVI, Rule 6.

5. Sale Before Judgment
   Applied to perishable or quickly depreciating property that is the subject of the suit. The court may order its sale to preserve value.
   Governed by Order XXXVII, Rule 7.

6. Temporary Injunction
   A court order restraining certain actions to prevent waste, damage, or fraudulent disposal of property. Granted if three conditions are met:

   • Prima facie case exists

   • Irreparable loss would occur without the order

   • Balance of convenience favors the applicant
     Legal basis: Order XXXVII, Rules 1–3, Section 68(c), Section 95.
     Key case: Attilio v. Mbowe (1969) HCD 284.

Life Span of Injunctions
An injunction lasts for the period set by the court, not exceeding six months, and may be extended up to a total of one year (Order XXXVII, Rule 3).

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

Functions of pleadings

Functions of Pleadings

1. To Inform the Opposing Party of the Nature of the Claim or Defence

Pleadings serve to clearly set out the facts, legal grounds, and relief sought, enabling the other side to understand the case they have to meet. This ensures fairness by preventing surprise during trial. For example, in Palmer v Guadagni [1906] 2 Ch 494, it was emphasized that pleadings must convey to the other party the substance of the case being advanced against them.

2. To Define and Confine the Dispute to Specific Issues

Pleadings narrow down the scope of the case by identifying exactly which facts and legal questions are in contention. This prevents parties from introducing unrelated matters and ensures that litigation remains focused on the real points of disagreement.

3. To Place the Matters in Dispute on the Formal Record

By setting out the claims and defences in writing, pleadings create an official record of the matters in issue. This record is important both for the conduct of the trial and for any future appeal, as it shows precisely what was contested.

4. To Control the Course of the Proceedings

Once issues are defined in the pleadings, they guide the subsequent stages of litigation, including disclosure, witness statements, and trial strategy. The court and the parties use the pleadings as a roadmap to manage the progress of the case efficiently.

5. To Facilitate the Court’s Role and Protect the Rights of the Parties

Well-drafted pleadings assist the court in understanding the dispute and applying the correct legal principles. They also safeguard the procedural rights of the parties by ensuring that neither side is ambushed by new claims or defences raised without proper notice.

Talaka Tanzania

 Kufikia uamuzi wa kumaliza ndoa sio jambo rahisi. Ikiwa umefikia hatua ambapo talaka inaonekana kuwa chaguo pekee, ni muhimu kuelewa mchakato wa kisheria nchini Tanzania. Talaka hapa inahusisha hatua maalum zilizoundwa kuhimiza maridhiano kabla ya kuvunjika kwa ndoa.

1. Kumaliza Kila Njia ya Maridhiano

Kabla ya kuanza kesi ya talaka, jiulize:

Je, wewe na mwenzi wako mmejaribu kwa dhatu kutatua mizani kwa mazungumzo ya wazi?

Ikiwa majadiliano yameshindikana, je, mmejumuisha familia, wazee, au marafiki wa kuaminika kwa upatanishi? Wakati mwingine, mtazamo wa nje unaweza kusaidia usuluhishi.

Ikiwa njia hizi hazikufaulu, sheria inahitaji hatua zaidi kabla ya kuendelea.

2. Kuhudhuria Baraza la usuluhishi ya mambo ya ndoa

Sheria ya Tanzania inataka kwamba wanandoa lazima wahudhulie kwanza mbele ya Baraza la usuluhishi ya mambo ya ndoa kabla ya kufungua kesi ya talaka. Bodi hizi zimeundwa kusaidia wanandoa kutatua migogoro na kuchunguza uwezekano wa maridhiano.

Ikiwa upatanishi utashindwa, basi baraza litatoa cheti kuonyesha kuwa imeshindwa kuwapatanisha.

Sehemu ya 101 ya Sheria ya Ndoa inasema:

"101. Mahitaji ya kurejelea kwanza Bodi

Hakuna mtu atakayeweza kuomba talaka isipokuwa kwanza amepeleka mzozo wa ndoa au suala hilo kwa Bodi, na Bodi imethibitisha kuwa imeshindwa kuwapatanisha wahusika."

3. Kuanzisha Kesi ya Talaka Mahakamani

Baada ya hatua zote hapo juu na ndoa bado iko katika mgogoro, basi unaweza kuendelea na kufungua kesi mahakamani.

The Trustees' Incorporation Rules

CHAPTER 318

THE TRUSTEES' INCORPORATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

RULES

The Trustees' Incorporation Rules

RULES

THE TRUSTEES' INCORPORATION RULES

(Section 31(2))

G.Ns. Nos.

165 of 1956

112 of 1992

118 of 1996

242 of 1997

246 of 2000

1. Citation

These Rules may be cited as the Trustees' Incorporation Rules, 1956.

2. Forms

The forms in the First Schedule hereto shall be used in all matters to which they

refer, or are capable of being applied or adapted, with such alterations and additions, if

any, as are necessary or desired and the Administrator-General allows.

3. Documents for which no form is prescribed

Documents for which no form is provided or to which the prescribed forms cannot

conveniently be adapted, shall be in such form as the Administrator-General shall direct

or allow, the prescribed forms being followed as nearly as the circumstances permit.

4. Documents to be in English

(1) All applications, returns and notifications shall be clearly and legibly written,

printed or typewritten in the English language.

(2) Where any copy of the constitution and rules of a body or association or of

any trust instrument or declaration of trust, required to be annexed to an application for

incorporation, is in any language other than English, there shall be furnished therewith a

verified translation of the same in English.

5. Signature of documents

(1) Every application for incorporation shall be signed by the trustee or by two or

more of the trustees, as the case may be.

(2) Any other application and every return and notification shall be signed by the

trustee or by at least two trustees, as the case may be.

6. Verification of copies and translations

A copy or translation of any document may be verified by the trustee or one of

the trustees, as the case may be, or by an advocate or notary public, or such other

person as the Administrator-General may approve, certifying the same to be a true copy

or translation of the original.

7. Fees

The fees set out in the third column of the Second Schedule hereto shall be charged for

the several matters set out in the second column of that Schedule.

FIRST SCHEDULE

FORMS

FORM T.I. 1

APPLICATION FOR INCORPORATION

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

I/WE ................................................................................................................................

(Insert full names, residences and postal addresses of trustees)

HEREBY APPLY for incorporation as a body corporate, and I/WE solemnly and sincerely

DECLARE as follows–

1. The proposed title of the body corporate is: ................................................................

2. The postal address of the proposed body corporate will be:

...............................................................................................................................

...............................................................................................................................

3. We are ordinarily resident in Tanzania:

...............................................................................................................................

...............................................................................................................................

...............................................................................................................................

(Substitute "The following of us are ordinarily resident in Tanzania": where appropriate.)

4. The trusts to which we are subject are those contained in:

...............................................................................................................................

...............................................................................................................................

(Refer to constitution and rules or trust instrument or declaration of trust)

5. The number of trustees may not be less than nor more than: .......................................

6. Persons cease to be trustees in the following circumstances:

...............................................................................................................................

...............................................................................................................................

...............................................................................................................................

7. New trustees may be appointed by:

...............................................................................................................................

...............................................................................................................................

...............................................................................................................................

8. The proposed device of the common seal is:

...............................................................................................................................

...............................................................................................................................

9. The common seal will only be affixed to documents in the presence of:

...............................................................................................................................

...............................................................................................................................

10. The following lands will vest in the proposed body corporate if and when incorporated:

...............................................................................................................................

...............................................................................................................................

11. Annexed to this application are verified copies of the following documents.

...............................................................................................................................

...............................................................................................................................

...............................................................................................................................

(Copies of any constitution and rules and of any trust instrument and declaration of trust

must be annexed.)

and I/we make this solemn declaration conscientiously believing the same to be true and

by virtue of the Oaths and Statutory Declarations Act i*.

DECLARED at ......................................................................................

this ......................... day of ......................... 20........

before me

......................................................

Signature of Administrator-General

.............................................

Qualification

..............................................

Signature(s) of Applicant(s)

FORM T.I. 2

APPLICATION FOR APPROVAL OF A CHANGE OF NAME OF A BODY

CORPORATE

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

Application is hereby made for approval of the proposed change of the name of the body

corporate now known as .................................................................................................... to

....................................................................................................

Dated this ......................... day of ......................... 20........

.........................................

Signature(s)

FORM T.I. 3

NOTIFICATION OF A CHANGE OF NAME

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

Notice is hereby given that the body corporate formerly known as .....................................

.................................................. has, on the day of ........................................ changed its

name to ...........................................................................

Dated this ......................... day of ......................... 20........

.........................................

Signature(s)

FORM T.I. 4

NOTIFICATION OF A CHANGE OF OR CONCERNING THE TRUSTEES

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

Notice is hereby given that following change of or concerning the trustees constituting the

body corporate known as ..................................................................................... (Name of body

corporate) occurred on the ......................... day of .........................–

(Specify change) ............................................................................................................

2. The following are the present trustees–

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

(Give full names of all trustees at date of notice)

3. The trustees are ordinarily resident in Tanzania.

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

(Substitute "The following trustees are ordinarily resident in Tanzania": where appropriate.)

Dated this ......................... day of ......................... 20........

.....................................

Signature(s)

FORM T.I. 5

RETURN OF TRUSTEES

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

The following are trustees of the body corporate known as ...............................................

................................................... (Name of body corporate)

Name Residence Postal Address

Dated this ......................... day of ......................... 20........

........................................

........................................

........................................

Signature(s)

FORM T.I. 6

NOTIFICATION OF CHANGE OF POSTAL ADDRESS

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

Notice is hereby given that the postal address of the body

corporate known as

......................................................................................................

....... (Name of body corporate) has, as from the

......................... day of ................................. been changed to

......................................................................................................

.....

Dated this ......................... day of ......................... 20........

.......................................

Signature(s)

FORM T.I. 7

NOTIFICATION OF CHANGE OF TRUST

THE TRUSTEES' INCORPORATION ACT (CAP. 318)

(Rule 2)

Notice is hereby given by ................................................................................... (Name

of body corporate) that the powers and duties of the trustees thereof, or their appointment and

tenure of office, or the trusts to which they are subject, have been changed, as follows–

Date of Change ........................................................

Form of Change

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

(Give details of resolutions, deed, order, etc., by which change was effected.)

Effect of Change

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

(Give full particulars of new provisions.)

Dated this ......................... day of ......................... 20........

.......................................

Signature(s)

SECOND SCHEDULE

FEES

Item No. Shs.

1. Application for Incorporation 100,000/-

2. Notification of any change of trust 20,000/-

3. Return of notification delivered to the Registrar-General 10,000/-

4. Certificate copy of any document in the Custody of the Registrar or any

extra therefrom 3,000/-

5. Application to inspect any application, certificate or other document 5,000/-

6. Application for consent to acquire any one parcel of land or other

property 20,000/-

7. Application made at the same time to acquire more than one parcel of

land for each additional parcel 15,000/-

8. For certifying any document or extract therefrom 3,000/-

9. For issue of duplicate certificate or any registration 5,000/-

iCap. 34

Hassani Ally Sandali vs Asha Ally (Civil Appeal 246 of 2019) [2020] TZCA 14 (24 February 2020)

 

The journey to divorce in Tanzania

Reaching the decision to end a marriage is never easy. If you’ve come to the point where divorce feels like the only option, it’s important to understand the legal process in Tanzania. Divorce here involves specific steps designed to encourage reconciliation before dissolution.

Witness Statement in Tanzania

A witness statement is a written testimony made by a witness before a commissioner for an oath for the purpose of giving evidence in chief before appearing in court for cross-examination. Essentially, it is the testimony in chief of that witness regarding the case. (refer to Total Tanzania Ltd vs Samwel Mgonja (Civil Appeal No.70 of 2018) [2021] TZCA 265) 

A party who intends to rely on a witness statement as evidence shall cause his witness to attend for cross-examination. (refer  rule 56 (1) of the Commercial Court Rules)

Relationship Between Article 24 of the Tanzanian Constitution and Prenuptial Agreements

Article 24(1) of the Constitution of the United Republic of Tanzania (1977) states:

"Every person is entitled to own property, and has a right to the protection of his property held in accordance with the law."

This constitutional provision forms a strong legal basis for the validity and enforceability of prenuptial agreements in Tanzania, as it guarantees the fundamental right to property ownership and protection. Here’s how it relates to prenups:

 Tanzania

Law of Marriage Act

Law of Marriage (Matrimonial Proceedings) Rules, 1971

Government Notice 136 of 1971

• Published in Tanzania Government Gazette
• Commenced
• [This is the version of this document at 31 July 2002.]
• [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]

[Section 162(1); G.Ns. Nos. 136 of 1971; 107 of 1984; 392 of 1987; 224 of 1994; 112 of 1996; 246 of 1997]

Part I – Preliminary provisions (rules 1-2)

1. Citation

These Rules may be cited as the Law of Marriage (Matrimonial Proceedings) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Law of Marriage Act1;1Cap. 29"matrimonial proceedings" means proceedings—(a)on an objection under section 20 of the Act;(b)for divorce, separation or annulment;(c)for maintenance of a spouse;(d)for custody or maintenance of children of the marriage;(e)for a declaratory decree under section 94 of the Act;"pleading" means a petition, an answer or a reply;"prescribed" means, in relation to forms, means the forms prescribed in the First schedule to these Rules and in relation to fees, means the fees prescribed in the Second Schedule to these Rules;"Registrar" means—(a)where matrimonial proceedings are instituted in the High Court, the Registrar of the High Court, and includes a District Registrar of the High Court;(b)where matrimonial proceedings are instituted in a subordinate court, the magistrate having jurisdiction over that court;"subordinate court" means a court of a Resident Magistrate or a District Magistrate but does not include a primary court.

Part II – General provisions (rules 3-14)

3. Use of forms in First Schedule

The forms in the First Schedule to these Rules (or the Kiswahili versions thereof) where applicable, and where they are not applicable, forms of like character, with such variations as circumstances may require, shall be used.

4. Title of proceedings

(1)All pleadings and other documents filed in a court for the purpose of or in connection with any Form 1 matrimonial proceeding shall be entitled "Matrimonial Cause" with the name of the court and the matter to which it relates. Numbers and dates may be denoted by figures.

(2)The first pleading or document in any matrimonial proceeding shall have a distinctive number assigned to it by the Registrar and all subsequent pleadings and documents in the same proceeding shall bear the same number.

5. Notices to be in writing

All notices required by the Act or these Rules shall be in writing unless otherwise provided in the Act or these Rules or the court in any particular case orders otherwise.

6. Process to be sealed

All summons, petitions, notices, orders, warrants and other process issued by the court shall be sealed.

7. Service

Service of any summons, petition, notice, warrant or other process issued by a court and required to be served on any party, shall be by personal service:Provided that the court may in any case grant leave for substituted service in such manner as it may direct.

8. Chamber applications and summons

Where any matrimonial proceeding is required by the Act or these Rules to be commenced by a chamber application or where any application is required by these Rules to be made by a chamber summons, the chamber summons shall be in the prescribed form.

9. Notice of chamber summons

(1)Where an application made by a chamber summons is of such a nature that it affects, or any decision made by the court on such summons is likely to affect, any person other than the person making the application, a notice of the application and a copy of the affidavit filed in support thereof shall be served upon the person so affected or likely to be affected.

(2)Every notice under paragraph (1) shall be in the prescribed form.

(3)Where under these Rules or by order of the court, a notice of application made by a chamber summons is required to be served on any person then, unless the court otherwise directs, such copy together with a copy of any affidavit filed in support of the application, shall be served on such person not later than eight days before the date fixed for the hearing of the application, and such person shall have the right to file a counter-affidavit and appear and be heard at the hearing of the application.

(4)Where a respondent intends to use affidavits in opposition to an application made by a chamber summons, he shall deliver a copy of every such affidavit to the applicant not less than two days before the day appointed for the hearing of the chamber summons.

10. Filing of affidavits

Every application to be used in support or opposition of any affidavit made by a chamber summons shall, unless the court otherwise directs, be filed with the Registrar not later than the day before the day appointed for the hearing of the application.

11. Hearing of chamber summons

Every chamber summons shall, unless the court otherwise directs, be heard in chambers.

12. Record of court

All pleadings, affidavits and other documents relating to any matrimonial proceeding, together with the record of evidence taken in such proceeding and the decision of the court, shall remain on record in the court so as to form a complete record of such matrimonial proceeding, and they shall not be removed for any purpose except by an officer of the court or on a special direction of the court.

13. Office copies

Office copies of pleadings, affidavits, records of evidence, judgements and other decisions in a matrimonial proceeding, shall be supplied by a Registrar to any person applying therefor and paying the prescribed fee.

14. Search

A search of any record shall be granted to any person applying for same and paying the prescribed fee:Provided that a search shall be granted only between the hours of 8.30 a.m. and 11.30 a.m on weekdays and between the hours of 9.00 a.m and 11.00 a.m. on Saturdays.

Part III – Proceedings on a notice of objection (rules 15-16)

15. Court to issue summons

(1)Where a notice of objection has been transmitted to a court in accordance with the provisions subsection (1) as section 21 of the Act, the Registrar shall open a matrimonial cause file in relation to such notice and shall place the notice in such file.

(2)Where the court is satisfied that the grounds of objection stated in the notice of objection are not such as to confer jurisdiction upon the court, the court may, after giving the person making the objection opportunity of being heard, dismiss the objection or refer it to the Board.

(3)Where the court is satisfied that the grounds of objection stated in the notice of objection are such as to confer jurisdiction upon the court to determine the objection, the court shall direct the Registrar to issue a summons for appearance in the prescribed form to the person making the objection as well as to the intended husband of such person.

(4)Where the court is of the opinion that the person with whom the man intends to contract a marriage should be given an opportunity of being heard, a summons for the appearance of such person shall be issued by the Registrar.

16. Determination of objection

On the date appointed for the hearing of an objection under this Part, the court shall proceed to hear and determine the objection and shall in that respect have all the powers which the court has in relation to any matrimonial proceeding commenced by a petition, and the provisions of these Rules which relate to the hearing and determination of a matrimonial proceeding commenced by a petition shall, in so far as they may be applicable, apply to proceedings on an objection under this Part as if the person making the objection were a petitioner, the husband were a respondent and the person with whom the husband intends to contract a marriage, were a co-respondent.

Part IV – Divorce and separation (rules 17-29)

17. Application for leave to present a petition for divorce within two years

(1)An application for leave to present a petition for divorce before two years have passed since the date of the marriage shall be by chamber summons.

(2)There shall be filed in support of the application an affidavit by the applicant stating the grounds for application, the grounds on which the applicant will rely to prove that the marriage has irreparably broken down, whether the matter has been referred to a Board, and if so, the decision of the Board, whether there are any children of the marriage, and if so, the names, age and sex of the children and where and with whom the children are residing.

(3)A copy of the application shall, unless the court otherwise directs, be served upon the other spouse.

(4)When all the affidavits have been filed or where the other spouse has not entered appearance, the Registrar shall give the parties a notice of the date and time of the hearing of the application.

(5)The court shall proceed to dispose of an application under this rule in the same manner and shall have, in that respect the same powers as it has in relation to an application made under the Civil Procedure Code2.2Cap. 33

18. Petitions

(1)Every petition shall state in addition to the facts required to be stated therein by section 106 of the Act—

(a)the full names of the petitioner and his address for service;

(b)the full names and address of the respondent and of every co-respondent.

(2)Every petition shall be signed by the petitioner and shall contain a statement by the petitioner verifying the facts of which he has personal cognizance and of the facts which he believes to be true by reason of any information in his possession or otherwise.

19. Petition for divorce or separation

(1)Where a petition for divorce or separation is presented the court shall, if it is satisfied that the petition does not comply with the provisions of section 106 of the Act or of the provisions of rule 18, reject the petition.

(2)Where the court is satisfied that the petition complies with the provisions of section 106 of the Act and of rule 18, the court shall admit the petition and direct that a notice of the petition together with a copy of the petition be served upon the respondent and the co-respondent, if any.

20. Notice of petition

Every notice of petition required to be served on a respondent or a co-respondent, shall be in the prescribed form.

21. Service of notice

(1)The petition shall not proceed to hearing unless the respondent and every co-respondent (if any) has entered an appearance or unless the court is satisfied by an affidavit or otherwise that the respondent and every co-respondent (if any) has been served with a notice of petition.

(2)After service of the petition has been effected, a certificate of service in the prescribed form shall be filed.

22. Appearance

An appearance shall be entered by a respondent or co-respondent by appearing in person or through an advocate before the Registrar, on the dates specified in the notice of petition.

23. Other pleadings

(1)Where a respondent enters an appearance and advises the Registrar that he intends to resist the petition, the Registrar shall allow the respondent or, as the case may be, the co-respondent, such time, not being less than two weeks or more than six weeks, in which the respondent or, as the case may be, the co-respondent, may file an answer.

(2)Where the Registrar allows time to the respondent or the co-respondent to file an answer he may, on application made by the petitioner, allow the petitioner reasonable time to file a reply to the answer.

(3)Every answer shall contain a concise statement of facts upon which the respondent, or as the case may be, the co-respondent, will rely for his defence.

(4)It shall not be sufficient for a respondent or a co-respondent in his answer to admit generally the grounds alleged by the petitioner, but the respondent or, as the case may be, the co-respondent, must deal specifically with each allegation of fact of which he does not admit the truth.

(5)Every reply must contain a concise statement of facts upon which the petitioner will rely to counter the allegations made in the answer.

(6)Every answer and every reply must be signed by the person on whose behalf it is lodged and must contain a statement by such person verifying the facts alleged in the answer or, as the case may be, the reply, of which he has personal cognizance and the facts which he believes to be true by reason of any information in his possession or otherwise.

(7)A copy of every answer and of every reply filed in any matrimonial proceeding shall be served on each of the other parties to the proceeding.

24. Amendment of pleadings

The court may, if sufficient cause is shown, allow any party at any time before the conclusion of the trial of a petition to amend his pleading, subject to such order as to costs as the court may think fit to make.

25. Pleadings out of time

Where a party has failed to file any pleading within the time allowed therefor by the Registrar, the court may on application made by such party grant leave for the pleading to be filed out of time.

26. Particulars

(1)Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded, and if such other party fails to furnish such particulars within a reasonable time, the party requiring the particulars may apply to the court for an order that particulars be given.

(2)All particulars, whether given in pursuance of an order or otherwise, shall be filed together with an affidavit in support thereof within eight days of being furnished to the party requiring them.

27. Discovery

(1)A party to a matrimonial proceeding may by leave of the court, deliver interrogatories in writing for the examination of any opposite party.

(2)Interrogatories shall, unless the court otherwise directs, be answered by affidavit.

(3)A party to a matrimonial proceeding may apply for an order for discovery of documents by an opposite party and such opposite party may be ordered to make such general or limited discovery on oath as the court may think fit.

28. Non-appearance of parties

(1)The provisions of Order IX of the Civil Procedure Code3, which relate to the consequences of non-appearance of parties to a suit shall apply mutatis mutandis to the non-appearance of any party to a matrimonial proceeding on the day fixed for the entering of an appearance or on any day on which the petition is called on for hearing:3Cap. 33Provided that in no case shall a court pass a decree in favour of the petitioner for the reliefs suggested by him by reason only of the non-appearance of the respondent or co-respondent, and in every such case the court shall proceed to hear the petition ex parte and determine the issue involved on the basis of the evidence adduced by the petitioner.

(2)In any case in which a decree is passed ex parte against a respondent or a co-respondent, he may, at any time before the expiry of forty-five days from the date of the decree, apply to the court by which the decree was passed for an order to set it aside; and if he satisfies the court that notice of petition was not duly served upon him or that he was prevented by any sufficient cause from entering an appearance or from appearing on any subsequent date when the petition was called on for hearing, the court shall make an order setting aside the decree against him upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the hearing of the petition:Provided that where a decree was passed ex parte both against the respondent and the co-respondent, and the application is made by the co-respondent only for the setting aside of the decree, the court may, if it is of the opinion that the decree is of such a nature that it cannot be set aside as against the co-respondent only, order that the decree be set aside as against the respondent as well.

(3)No decree shall be set aside on any application made under paragraph (2) unless notice thereof has been served on the petitioner.

(4)Notwithstanding the provisions of this rule, where a co-respondent fails to enter an appearance or to appear on the day on which the petition is called on for hearing, the court shall not pass any decree ex parte against the co-respondent until after the hearing of the petition as against the respondent.

29. Hearing

(1)When all the pleadings in a matrimonial proceeding have been filed, the Registrar shall fix a date for the trial of the petition.

(2)The court shall proceed to try a petition in the same manner as if it were a suit under the Civil Procedure Code4, and the provisions of that Code which relate to examination of parties, production, impounding and return of documents, settlement of issues, summoning an attendance of witnesses, adjournments, hearing of the suits and examination of witnesses, affidavits, judgments and decrees shall apply mutatis mutandis to a trial of a petition.4Cap. 33

Part V – Annulment (rules 30-31)

30. Petition for annulment

Every petition for annulment shall comply with the provisions section 96 of the Act and shall contain—

(a)the names and address of the party making the petition;

(b)the names and address of the respondent;

(c)particulars and the date of the marriage sought to be annulled;

(d)the names, ages and sex of the children (if any) of the marriage;

(e)particulars of the facts giving the court jurisdiction;

(f)a statement of the principal allegations on which the petition is founded;

(g)where the petitioner has been guilty of any marital misconduct, an admission of such misconduct;

(h)the terms of any agreement regarding maintenance or division of any assets acquired through the joint efforts of the parties or, where no such agreement has been reached, the petitioner's proposals; and

(i)particulars of the reliefs sought.

31. Procedure on petition for annulment

The provisions of Part IV which regulate the procedure on and determination of a petition for divorce or separation shall, so far as they may be applicable, apply to a petition for annulment.

Part VI – Application for maintenance, custody, etc. (rules 32-33)

32. Application for maintenance etc., to be by chamber summons

(1)Every application for maintenance (whether for maintenance of a party to a marriage or the children of the marriage) or for the custody of the children of the marriage shall be by a chamber summons supported by affidavit.

(2)Where any matrimonial proceeding is not by the Act or these Rules required to be instituted by a petition, the proceeding shall be instituted by a chamber summons supported by an affidavit.

33. Procedure on application

(1)Where a matrimonial proceeding has been on application instituted by a chamber summons supported by an affidavit and all affidavits and counter-affidavits have been filed, the Registrar shall fix a date for the hearing of the application.

(2)On the date appointed for the hearing of an application, the court shall proceed to hear and determine the application and shall, in that respect, have all the powers which the court has in relation to any matrimonial proceeding commenced by a petition, and the provisions of these Rules which relate to the hearing and determination of a matrimonial proceeding commenced by a petition, shall in so far as they may be applicable, apply to proceedings on an application under this Part as if the person making the application were a petitioner, the person against whom any relief is sought were a respondent, and any other person likely to be affected by any decision of the court made on such application, were a co-respondent.

Part VII – Execution of decrees (rules 34-35)

34. Decrees for payment of money or for delivery

Where in any matrimonial proceeding, the court has passed a decree for the payment of any money, whether periodically or otherwise, or for the delivery of any property, such decree may be executed in the same manner as a similar decree passed in any civil suit under the Civil Procedure Code5, and the provisions of the Civil Procedure Code, relating to the execution of such decrees shall apply mutatis mutandis to a decree for payment of money or delivery of property passed in any matrimonial proceedings.5Cap. 33

35. Custody of children

(1)Where by a decree passed in any matrimonial proceeding, the court has awarded the custody of any child of the marriage to any party, the court may on application of such party, issue an injunction against any other party to such proceeding or against any other person, ordering such person to refrain from interfering in any way with the exercise of lawful rights by the person to whom the custody of a child was granted and may enforce compliance with such order by imprisonment and detention in a civil prison of the person against whom the order is made and who fails to comply with the order.

(2)The provisions of the Civil Procedure Code6 which relate to arrest and detention in a civil prison of any judgement debtor shall apply mutatis mutandis to arrest and detention in a civil prison under this rule.6Cap. 33

Part VIII – Appeals (rules 36-38)

36. Interpretation

In this Part "subordinate court" includes a primary court.

37. Memorandum of appeal

(1)An appeal to the High Court under section 80 of the Act shall be commenced by a memorandum of appeal filed in the subordinate court which made or passed the decision, order or decree appealed against.

(2)Every memorandum of appeal shall be either in Kiswahili or in English and shall state briefly the grounds of objection to the decision, order or decree appealed against.

(3)Upon the receipt of the memorandum of appeal, the subordinate court shall transmit to the High Court, the memorandum of appeal together with the complete record of the matrimonial proceeding to which the appeal relates.

(4)The High Court shall not reject or refuse to entertain any memorandum of appeal by reason only of any defect in the form of the momorandum but shall admit every memorandum of appeal.

38. Procedure after admission of appeal

The provisions of rules 9 to 37 (inclusive) of Order XXXIX of the Civil Procedure Code7, shall apply mutatis mutandis to an appeal to which this Part applies:7Cap. 33Provided that—

(a)where a respondent wishes to take any cross-objection to the decree, he may do so without being required to file a memorandum of such cross-objection;

(b)in determining any appeal, the court shall not be confined to the grounds of objection raised in the memorandum of appeal but may, after giving the parties an opportunity of being heard thereupon, decide the appeal on any ground not raised in the memorandum of appeal; and

(c)the High Court shall decide every appeal according to substantial justice without undue regard to technicalities of procedure and without undue delay.

Part IX – Reference to high court (rules 39-44)

39. Construction

In this Part a Magistrate includes a Primary Court Magistrate.

40. Procedure on case stated

Where, before or on the hearing of a matrimonial proceeding by a magistrate, any question of law or usage having the force of law arises on which the magistrate entertains a reasonable doubt the court may, either on its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained and refer such statement with its own opinion on the point for the decision of the High Court.

41. Stay of proceedings pending reference to High Court

The magistrate may either stay the proceeding or proceed with the case notwithstanding a reference to the High Court under rule 40 and may pass a decree or make an order contingent upon a decision of the High Court on the point referred:Provided that no decree or order passed or made by the magistrate shall be executed until the receipt of a copy of the judgement of the High Court on the point referred to the High Court.

42. Judgment of High Court

The High Court, after hearing the parties, if they appear and desire to be heard, shall decide the point referred to it under rule 40 and shall transmit a copy of its judgment under the signature of the Registrar to the court by which the reference was made; and such court shall on receipt thereof proceed to dispose of the case in conformity with the decision of the High Court.

43. Costs where case stated

The costs, if any, consequent on a reference for the decision of the High Court under rule 40 shall be costs in the cause.

44. Power to alter, etc., decree of court making reference

Where a case is stated to the High Court under rule 40, the High Court may return the case for decree of amendment, and may alter, cancel or set aside any Court or order which the court stating the case has making passed or made in the case and may make such orders reference as it thinks fit.

Part X – Miscellaneous provisions (rules 45-48)

45. Costs

In any matrimonial proceedings, the court shall have the same power to award costs as it has in any other civil proceedings to which the Civil Procedure Code 8 applies.8Cap. 33

46. Court may award reduced costs

Where in any matrimonial proceeding commenced award in the High Court, the court is of the opinion that reduced such proceeding could have been more expeditiously costs dealt with by a subordinate court, the court may direct that the costs payable to any party shall be assessed as if the proceeding had been commenced and determined by a subordinate court, and where such order is made, the party entitled to recover any court fees paid by him shall be entitled to recover only such amount of the court fees as would have been paid by him had he commenced the proceeding in a subordinate court.

47. Fees

The fees specified in the Second Schedule hereto shall be levied in respect of the several matters and proceedings mentioned therein.

48. Remission of fees

(1)The court may for reasons of poverty or other good cause remit in whole or in part the fees or any of the fees payable under these Rules.

(2)Application for remission of fees under this Rule may be either orally to the court or by an ex parte chamber summons supported by an affidavit.

(3)No fee shall be payable on an application under this rule.

First Schedule

Forms

[Editorial note: The forms have not been reproduced.]

Second Schedule

Fees

[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]

Item no	Item
1.	On the hearing of an objection under section 21 of the Law of Marriage Act—(a)where the objection is heard by the High Court(b)where the objection is heard by the Magistrate other than a Primary Court Magistrate(c)where the objection is heard by a Primary Court Magistrate.
2.	Presentation of petition for any Matrimonial relief—(a)where the petition is presented to the High Court(b)where the petition is presented to a Magistrate's Court other than a Primary Court(c)where the petition is presented to a Primary Court.
3.	On the institution of any Matrimonial Proceedings instituted by an application—(a)where the petition is presented to the High Court(b)where the proceedings are instituted in a Magistrate's Court other than a Primary Court(c)where the proceedings are instituted in a Primary Court
4.	In presentation of a Memorandum of Appeal—(a)where the memorandum is presented to the High Court(b)where the memorandum is presented to a Magistrate's Court other than a Primary Court(c)where the memorandum is presented to a Primary Court.
5.	For any other matter of proceedings.