Institution of suits in Tanzania.

 

INSTITUTION OF SUITS

Section 22 and Order IV of CPC

SUIT – Is a proceeding of a civil nature which has been commenced by the presentation of a plaint or in any other manner which has been prescribed by the rules made under the Civil Procedure Code. Refer – Mansion House Ltd V. Wilkinson (1945) EACA 98.

The word ‘plaint’ has no statutory interpretation.

It can however be defined to be “a memorandum presented to court by a claimant setting forth his reasons of complaint and the relief he is seeking from the court. So as to be a plaint it has to comply with the rules of    pleadings as provided under Orders VI and VIII of the Code.” 

WHO MAY COMMENCE CIVIL PROCEEDINGS

Any person whose legal right has been infringed upon has a right to bring a suit against the infringer/intruder.

Order III Rule 1

Any act which may be done by a party to the proceedings may be done by his agent or advocate duly instructed.

As a general rule a plaint must be presented by the plaintiff himself or by the person duly authorized.

Presentation of the plaint must be physical. The same must be physically presented to the Officer of the court authorized, a plaint cannot be presented by post, telegram etc.  See Order IV Rule 1 CPC.

TIME AND PLACE OF PRESENTATION OF THE PLAINT

There is no specific provision for time and place of presentation of the plaint.  Presentation can be made at any time and place provided it has been presented to the authorized person.

This saves time as once the party delays to file his plaint he has got to apply to the Minister for Justice for extension of time.

WHEN IS A SUIT TAKEN TO BE FILED

A suit is taken to have been filed when the necessary court fees have been paid. Presentation of the plaint has to be coupled with the payment of fees i.e. the plaint must be accompanied by an official receipt evidencing payment of the necessary fees. As for payment of the fees by cheque, date of filing is not the date when the cheque is signed but when it has been honoured by the bank and therefore although it is presented any time and place the plaintiff must pay and get the receipt.

See: RATAN JAYAKISAN SHUKLA V. BAPU HIRAJI KWILO AIR (V.24) Bomb.25

The judge stated:

“The Judge can accept a plaint at any hour he chooses though outside office hours and at any place he chooses and I see no reason to doubt that the Clerk of the court who is a duly constituted officer of the court with power to accept a plaint can accept that plaint outside office hours and outside the court building although I don’t, for a moment, the clerk is bound to accept out of the court hours.”  

See also PILLAI V. AMIR SALUB & ORS AIR Vol.1 [1914-Mad.488]

Note: under the Court Fees Rules, Rule 8 allows the court to grant leave to sue in forma pauperis. In SINGH V. SINGH AIR 1937 Oush.452 it was stated that ‘….merely filing an application for leave to sue in forma pauperis, though it is accompanied by the plaint, does not amount to the institution of the suit  there cannot be any suit or plaint before the court until the application to sue in forma pauperis is granted.