300 Civil Procedure Scenario Questions and Answers (L.S 105) - For I.C.A, W.P.E, and F.E Preparations.
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This eBook contains 300 scenario-based questions and answers designed to assist law students and candidates preparing for the Individual Continuous Assessment (ICA), Written Practical Exercise (W.P.E), and Final Examination (F.E) at the Law School of Tanzania. The scenarios are tailored to reflect practical legal procedures under the Civil Procedure Code, Cap. 33 R.E. 2023, covering key topics including pleadings, execution, appeals, interlocutory applications, service of summons, substitution, injunctions, and more. Each scenario is crafted to reinforce the application of procedural rules, helping candidates master examination techniques and real-world legal reasoning. This compilation serves as a practical and accessible revision tool for law students, bar candidates, and early career advocates preparing for litigation practice in Tanzania.
First 10 Sample Free Scenario Questions.
"First 10 Scenario Questions (Randomly selected from all 8 parts of the eBook: Part I – Institution of Suits, Part II – Pleadings, Part III – Appearance & Non-Appearance, Part IV – Trial & Evidence, Part V – Appeals & Revisions, Part VI – Execution of Decrees, Part VII – Miscellaneous Applications, Part VIII – Judgments, Decrees & Orders)."
Q1. Q254 in the Document. Scenario:
Kimbe filed a civil suit (Suit A) against Kinje before the Resident
Magistrates’ Court of Dar-es-Salaam at Kisutu. While Suit A was pending, Kimbe
fell ill, was hospitalized, and passed away a few days later. Kibu was
appointed by the court as the legal representative of Kimbe’s estate and
stepped into Kimbe’s shoes to continue Suit A. Meanwhile, the deceased’s
brother filed a separate probate suit challenging the validity of Kibu’s
appointment. As an advocate representing Kibu, what steps should you take to
protect your client’s interests?
Answer: Section 8 of the Civil
Procedure Code (CPC) provides that no court shall proceed
with the trial of any suit in which the matter in issue is directly and
substantially in issue in a previously instituted suit between the same parties
or their representatives. In this scenario, the validity of Kibu’s
appointment is directly and substantially in issue in the probate suit.
Proceeding with Suit A while the probate suit is pending could result in
inconsistent or void judgments if Kibu’s authority is later challenged or
overturned.
Necessary Documents:
- File a Chamber Summons: Apply to the court for a stay of Suit A under Section 8 CPC,
pending determination of the probate suit.
- Affidavit in Support: Attach an affidavit detailing:
- Kibu’s lawful appointment as the
legal representative.
- The facts of Kimbe’s death.
- The necessity of maintaining
continuity in Suit A.
- Request Interim Protection (if necessary): Ask the court to preserve the status quo in Suit A to prevent any prejudice to the estate pending resolution of the probate dispute.
Q2. Q206 in the Document. Scenario: While handling a civil suit, you learn that the defendant is quickly selling off his properties to frustrate execution. What remedy can you seek to protect your client’s interests?
Answer:
You should urgently move the court under Order XXXVI Rule 6 of the Civil
Procedure Code, Cap. 33 R.E. 2023, seeking an attachment before judgment.
To succeed, you must file an affidavit showing that the defendant is about to
remove or dispose of assets with intent to obstruct or delay execution. The
court may then order conditional attachment or require the defendant to provide
security. This protective remedy prevents judgment from being rendered
meaningless due to dishonest acts by the defendant. As an advocate, your role
is to protect the client’s future interest even before the decree is passed.
Q3. Q200 in the Document. Scenario: You are representing a judgment-debtor who has filed an appeal against a decree passed by a lower court. The decree-holder has now initiated execution proceedings. Your client is worried that the property will be sold before the appeal is heard. What is the legal remedy available, and what steps must you take?
Answer: Filing an appeal does not automatically stay execution of the decree. According to Order XXXIX Rule 5(1) of the Civil Procedure Code [Cap. 33 R.E. 2023], an appeal by itself does not operate as a stay of proceedings under a decree or order
appealed from, unless the appellate court expressly orders such stay. To
protect your client’s interest and preserve the subject matter pending appeal,
you must formally apply for a stay of execution.
As the advocate, you will move
the appellate court (normally the High Court if appealing from the District
Court) by filing a Chamber
Summons under Order XXXIX Rule 5(1), supported by an Affidavit demonstrating:
·
That
an appeal has been
properly filed and is pending;
·
That
the applicant will suffer substantial
loss if stay is not
granted;
·
That
the application has been made without
unreasonable delay;
·
That security is ready to be furnished, as the court
may direct.
The applicant must also satisfy
the court that the appeal has arguable
grounds and that the
execution may render the appeal nugatory if not stayed.
In addition to the Chamber
Summons and Affidavit, include:
·
A certified copy of the decree and judgment;
·
A copy of the memorandum of appeal;
·
Any
document showing urgency
or risk of irreparable loss,
e.g. impending auction notice.
If the application is granted,
the court may impose conditions, such as deposit of security or part
satisfaction of the decree, to balance the interests of both parties. The stay remains in force until the appeal is
disposed of, unless
otherwise varied or vacated by the court.
Thus, to prevent imminent
execution during appeal, you must promptly apply for stay of execution, ensuring all procedural and evidentiary
requirements under Order
XXXIX Rule 5 are
met.
Q4. Q198 in the Document. Scenario: A judgment-debtor dies after decree. Can the decree be executed?
Answer: Yes, execution can proceed against
the legal representative under Section 41, 43 and Order
XXI Rule 20(1)(b) of CPC, upon substitution and due process.
If you are the decree-holder and
the judgment-debtor dies before the decree is fully satisfied, the law allows
you to proceed with execution against the legal representative of the deceased.
This is governed by section 41, 43 and Order XXI Rule 20(1)(b) of
the Civil Procedure Code, Cap. 33 R.E. 2023. According to section 41(1),
you must apply to the same court that passed the decree, requesting that
execution continue against the legal representative.
Under Order XXI Rule 20(1)(b),
substitution of the deceased judgment-debtor with the legal representative is a
necessary procedural step before execution can proceed. In practice, you will
file a chamber summons supported by an affidavit explaining the
death, identifying the legal representative (such as an administrator,
executor, or next of kin), and praying for execution against them. The court
will issue notice to the legal representative to show cause why the decree
should not be executed against him. If the court is satisfied, execution
proceeds, but only to the extent of the property of the deceased that has come
into the hands of the legal representative and has not been lawfully disposed
of, as clarified under section 41(2). Section 43(2) adds more
that, where no such property remains in the possession of the judgment
debtor and he fails to satisfy the court that he has duly
applied such property of the deceased as is proved to have come into his
possession, the decree may be executed against the judgment debtor to
the extent of the property in respect of which he has failed so to satisfy
the court in the same manner as if the decree had been
against him personally.
You will need to prepare key
documents including a chamber summons and affidavit, a certified
copy of the decree, proof of the judgment-debtor’s death (such as a death
certificate), and documents proving the status of the legal representative,
like letters of administration. The application must be made to the court that
passed the decree, and upon approval, the court may even compel the legal
representative to produce accounts of the estate to determine the scope of
liability. Execution then resumes as if against the deceased, limited to their
estate, and not against the personal property of the representative.
Q5. Q192 in the Document. Scenario: You are representing a decree-holder who has obtained a judgment from District Court in Arusha. The judgment debtor has no property within that court’s jurisdiction, but owns immovable property in Dar-es-salaam. What legal step should you take to enforce the decree?
To execute the decree in a different region where the
judgment debtor has attachable property, an application for transfer of the
decree must be made under section 34(1)(b) of the Civil Procedure Code,
Cap. 33 R.E. 2023. This section authorizes the court that passed the decree
to transfer it for execution to another court of competent jurisdiction where
the judgment debtor resides, carries on business, or owns property.
The decree-holder should file a chamber summons
supported by an affidavit, explaining the factual basis for the transfer
and identifying the location of the judgment debtor’s property. In addition,
the application must include Form No. F/5 from the Civil Procedure
(Approved Forms), G.N. No. 388 of 2017, titled “Application for
Execution of Decree”, as required under Order XXI Rule 10 of the CPC.
Once the transfer is granted, the receiving court in
Dar-es-salaam will treat the transferred decree as if it were its own and
proceed with execution in accordance with the applicable procedures (e.g.,
attachment, sale, or arrest). This mechanism ensures that decrees are not
defeated simply because the judgment debtor lacks assets in the original
court’s jurisdiction.
Q6. Q5 in the Document. Scenario: You are representing a plaintiff who wishes to file a civil suit against two defendants—one residing in Kinondoni, Dar es Salaam, and the other in Mbeya. What is the proper court in which to institute the suit, and what legal considerations apply?
Under section 18(b) of the Civil Procedure Code, Cap. 33 R.E. 2023, where a suit is instituted against multiple defendants residing in different jurisdictions, the plaintiff may file the suit in a court within whose jurisdiction any one of the defendants resides, provided that either:
- The court grants leave to proceed against
the other defendant who resides outside its jurisdiction; or
- The defendant who resides outside the jurisdiction acquiesces or consents to the suit.
In this case, the suit may be instituted in the court located in Kinondoni, where one defendant resides, if leave of the court is obtained to proceed against the co-defendant in Mbeya, or if the Mbeya-based defendant waives objection. The application for leave should be made at the time of filing a plaint by way of chamber summons, supported by an affidavit explaining the circumstances. The court will consider whether proceeding in one forum would avoid multiplicity of suits and serve the interests of justice.
There is no specific Order in the Civil Procedure Code that replicates or expands on section 18(b); the procedural framework is governed solely by that section.
Necessary Documents:
- Chamber Summons applying leave of the court to sue defendant who resides outside its jurisdiction, supported by an affidavit explaining the circumstance of the defendants.
- Plaint to institute a suit if application is granted.
Q7. Q10 in the Document. Scenario: You are an advocate instructed to represent a plaintiff company in a civil suit already instituted against another limited company. Upon reviewing the plaint, you discover that your client (the plaintiff) has not disclosed its own registered office address. What is the legal effect of this omission, and how should you proceed?
Answer: As an advocate, it is your duty to ensure
that pleadings comply with the procedural requirements under the Civil
Procedure Code, Cap. 33 R.E. 2023. Under Order VII Rule 1(b) and (c), every plaint must disclose the name,
description, and place
of residence or business of the parties, including the plaintiff. Where the plaintiff is a body
corporate, this includes stating its registered office address, as recognized under the Companies Act. Failure to disclose
this crucial information renders the plaint procedurally defective and may
complicate court processes, especially in relation to identification of
parties, jurisdiction, and case management.
However, such omission does not
automatically render the plaint void. You should promptly file a Chamber Summons supported by an Affidavit under Order VI Rule 17 seeking leave of the court to amend the
plaint so as to include the correct registered office address of your client.
If the omission substantially affects the competence of the plaint, the court
may opt to return it under Order
VII Rule 10 for
correction and proper re-filing. In rare cases, if the omission is so material
that it affects the very foundation of the cause of action, the court could
even reject the plaint under
Order VII Rule 11(a)
for failure to disclose a proper cause of action, although this is less likely
where the defect is curable.
In parallel, you must also ensure that proper service is affected on the defendant company in accordance with Order XXVIII Rule 2, which governs service of summons on corporations. Therefore, addressing the omission quickly through amendment will not only cure the defect but also protect the suit from unnecessary delays or dismissal.
Q8. Q27 in the Document. Scenario: You represent a commercial bank that holds TZS 200 million in a fixed deposit account. Two people, A (the depositor’s son) and B (the depositor’s business partner), have each written to the bank demanding payment of the money. A claims he is the heir to the depositor who passed away, while B claims the money belongs to the partnership and must be released to him. To avoid double liability and accusations of bias, what is your proper course of action?
Answer: As
the bank has no beneficial interest in the TZS 200 million other than
legitimate charges, it should institute an interpleader suit under Order
XXXIII Rule 1 & section 63 of the Civil Procedure Code, Cap. 33 R.E. 2023.
In the plaint, the bank must show:
- It holds the disputed funds;
- It has no claim to the funds except normal
charges/costs;
- Two or more persons (A and B) are making adverse
claims to the same fund; and
- The bank is ready to deposit the money in court
pending determination.
Upon filing, the court may:
- Issue an order restraining A and B from
instituting or continuing separate proceedings against the bank on the
same fund (O. XXXIII R. 3).
- Direct A and B to litigate the matter inter se to
determine entitlement.
- Discharge the bank from further liability once it
deposits the money in court (O. XXXIII R. 4(1)(a)).
This ensures the bank avoids double
payment or contempt of court claims while protecting itself from accusations of
favoritism between competing claimants.
Necessary document:
- Interpleader Plaint, stating that the plaintiff claims no interest in the subject
matter in dispute other than for charges or costs.
- If ordered, Deposit Order to pay the funds into court.
Q9. Q87 in the Document. Scenario: You are defending a client in a civil claim filed by a plaintiff. After reviewing the case, you identify a valid claim your client has against the plaintiff arising from an earlier transaction. Can you raise this as a counterclaim, and will the court entertain it?
Answer: Yes, under Order VIII Rule 9 of
the Civil Procedure Code, Cap. 33 R.E. 2023, a defendant is entitled to
raise a counterclaim in the Written Statement of Defence (WSD). The rule
permits the defendant to state any right or claim they allege against the
plaintiff, provided that the cause of action arose before the defence was
filed. The counterclaim may relate to a matter arising out of the same
transaction or one connected with the subject matter of the suit, though it need
not be identical to the plaintiff’s claim.
When included in the WSD, a counterclaim is treated
procedurally as a cross-suit, and the court applies the provisions of Order
VII to it, as if it were an independent plaint. This mechanism allows the
court to determine both the original suit and the counterclaim in one
proceeding, thereby enhancing judicial efficiency and avoiding multiplicity
of suits.
However, the law expressly bars counterclaims in
suits related to the recovery of taxes, duties, or penalties, or for claims
of refund of such amounts, as per the proviso to Rule 9(1). Once a
counterclaim is raised, the plaintiff may file a reply to the counterclaim,
responding to the allegations in the same way they would respond to a normal
plaint. Both the suit and the counterclaim proceed concurrently and are
disposed of by a single judgment.
As an advocate, it is your duty to ensure the counterclaim
is clearly pleaded in the WSD, supported by relevant facts and any necessary
documents, and that the court’s jurisdiction to hear it is not ousted by law.
Q10. Q98 in the Document. Scenario: You are an advocate representing the plaintiff in a civil trial. During the proceedings, it becomes apparent that a key witness is unable to attend court due to illness. This witness possesses evidence crucial to your client’s case, and failure to record their testimony could significantly prejudice your client. However, the witness is willing and able to provide sworn evidence from home or another location outside the court.
As counsel, you must ensure that the
witness’s evidence is lawfully recorded, remains admissible, and
does not delay the trial unnecessarily.
Answer:
Under Section 56 and Order XXVI Rules 1 and 2 of the Civil Procedure
Code, Cap. 33 R.E. 2023, a court may order that a witness’s evidence be
recorded on commission if the witness is unable to attend due to
sickness, absence, or other sufficient cause.
To proceed:
- File an application (Chamber Summons)
requesting issuance of a commission to record the witness’s testimony.
- Support the application with an affidavit
explaining:
- The reason the witness cannot
attend court (attach a medical certificate if due to illness).
- The importance of the witness’s
evidence to the case.
- The proposed location and manner
for recording the testimony.
Rationale:
- Recording evidence on commission ensures that the trial
proceeds without unnecessary delay.
- Preserves the integrity and admissibility
of testimony from witnesses unable to physically attend court.
- The court has discretion to set conditions to
ensure fairness, including allowing cross-examination of the witness
during the commission.
Documents to Draft:
- Chamber Summons requesting the
commission.
- Supporting Affidavit with explanation, medical certificate (if applicable), and proposed
arrangements for recording testimony.
Q11. Q106 in the Document. Scenario: On the date fixed for the first hearing of a civil suit, parties are expected to appear before the court. What are the legal consequences if:
- (a) The plaintiff fails to appear?
- (b) The defendant fails to appear despite being duly served?
- (c) Some defendants appear, but others do not?
Available remedies, legal procedure, applicable orders, and relevant case law.
Answer: The
appearance or non-appearance of parties on the date fixed for hearing is
governed by Order IX of the CPC, which outlines the powers of the court
in each scenario, and the remedies available to affected parties.
(a) When the Plaintiff Fails to
Appear:
- Order IX Rule 5:
If the plaintiff does not appear when the suit is called for hearing, and the defendant appears, the suit shall be dismissed for default of appearance. - Order IX Rule 3:
If neither party appears, the court may dismiss the suit. - Remedy:
The plaintiff may file: - An application for restoration of the dismissed suit under Order
IX Rule 9 (if the suit was dismissed under Rule 5 or 3), by showing sufficient
cause for non-appearance.
- Time Limit: 30-90 days from the date of dismissal, per the Law
of Limitation Act, Cap. 89, R.E 2023.
(b) When the Defendant Fails to Appear
(after due service):
- Order IX Rule 7:
If the plaintiff appears and the defendant does not, and it is proved that the summons was duly served, the court may proceed ex parte and hear the suit. - Order IX Rule 8:
Where there are multiple defendants, and only some appear, the court shall proceed and make orders as it thinks fit against the absentees. - Procedure for Plaintiff:
- Make an oral prayer to proceed ex parte.
- Adduce evidence to prove the claim.
- If successful, the court issues an ex parte decree.
- Remedy for Defendant:
- May apply under Order IX Rule 13 to set aside the ex
parte decree, by proving:
- (i) He was not duly served, or
- (ii) He was prevented by sufficient cause from appearing.
- Document: Chamber Summons supported by affidavit.
- Limitation Period: 30 days from date of decree or from date
of knowledge. See item 5 of Part III of the Schedules of the Law of
Limitations Act.
(c) Where One or More of Multiple
Defendants Fail to Appear:
- Order IX Rule 8 applies here too.
- The court may proceed with the appearing defendants and make orders
concerning the non-appearing ones as appropriate.
(d) Where Defendant Appears Later:
- Order IX Rule 4:
- If before an ex parte decree is passed, the absent defendant
appears and gives sufficient reason for non-appearance, the court may
allow him to participate as if he had appeared in time.
Answer: Yes, the District Court may refer the question to the High Court under Section 77 and Order XLI Rule 1 of the Civil Procedure Code, Cap. 33 R.E. 2023. These provisions permit a court to refer a question concerning the validity or existence of any custom or usage having the force of law, where the court has doubt and such determination is necessary for disposal of the case. The court must clearly state the factual background, formulate the specific legal question regarding the custom, express its doubt, and send the record to the High Court. The proceedings are stayed pending the High Court’s ruling, which once delivered, must be adopted and applied in resolving the case. This ensures consistency in the application of customary law and prevents judicial speculation. As counsel, you can move the court to consider this route if the resolution of the suit hinges upon uncertain customary principles.
Answer:
Where the District Court has exercised original civil jurisdiction, the
proper appellate procedure is governed by section 70 of the Civil Procedure
Code, Cap. 33 R.E. 2023. The appeal lies to the High Court and must
be filed by way of a memorandum of appeal. The memorandum should clearly
state the grounds of appeal and be accompanied by a certified copy of the
judgment and decree. As to limitation, the Law of Limitation Act, Cap. 89,
R.E 2023 Item 1 of Part II of the Schedule, requires that such an appeal be
filed within 90 days from the date of the judgment or decree. If filed
out of time, an application for extension under section 14 of the Limitation
Act must be filed and granted first. The appeal is filed directly in the High
Court, and the court may issue further directions including stay of
execution, if applied for under Order XXXIX Rule 5 of the CPC.
Q14. Q146 in the Document. Scenario: You are representing a client who lost an appeal before the District Court, which had determined the matter on appeal from a Primary Court. The client now wishes to challenge that decision in the High Court. What is the proper appellate procedure and time frame in this context?
Where the District Court acted in its appellate
jurisdiction by deciding an appeal from the Primary Court in a matrimonial
or probate matter—the correct appellate route to the High Court is
governed by section 25 of the Magistrates’ Courts Act, Cap. 11 R.E. 2019.
Under section 25(1)(b), an aggrieved party may appeal to the High Court,
provided that the decision or order arose from the District Court exercising
its appellate or revisional powers.
According to section 25(3), the
appeal must be made by petition, not by memorandum, and it must be filed
in the same District Court that heard the matter in an appellate/revision
stage. The District Court will then forward the petition and its records
together with that of primary court to the High Court.
The appeal must be filed within 30
days from the date of the decision or order, as provided under section
25(1)(b). If this time limit has expired, the appellant must seek extension
of time, supported by an affidavit showing sufficient cause, before the
High Court can entertain the appeal.
Failure to comply with the correct appellate route, time limit, or filing forum may render the appeal incompetent and subject to dismissal.
Q15. Q153 in the Document. Scenario: A party is dissatisfied with the decision of the High Court in the exercise of its original civil jurisdiction. What is the proper appellate route and governing law?
Answer:
Where a party is aggrieved by a decision of the High Court made in the exercise
of its original civil jurisdiction, the proper appellate procedure is to file
an appeal to the Court of Appeal of Tanzania. This right is conferred
under section 5(1)(a) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2019.
The appeal must be against a final decree or order which finally disposes of
the matter. However, where the decision relates to matters falling under Head
(c) of Part III of the Magistrates’ Courts Act (such as appeals from
subordinate courts in the exercise of appellate, revisional or extended
jurisdiction), the appellant must first obtain a certificate on a point of
law under section 5(2)(c) of the Appellate Jurisdiction Act, unless
the appeal arises from a decree. The appellate process begins with filing a notice
of appeal within 30 days from the date of the decision, followed by
submission of a memorandum of appeal and a properly compiled record. The Civil
Procedure Code does not govern this process; instead, it is regulated by
the Appellate Jurisdiction Act and the Court of Appeal Rules, 2009
(as amended). Failure to comply with procedural requirements, including the
timely filing of documents and obtaining mandatory certificates, may render the
appeal incompetent and liable for rejection at the preliminary stage.
Complex
Answer: Where a party is
aggrieved by a decision of the High Court in civil proceedings exercised under
its original jurisdiction, the right to appeal to the Court
of Appeal of Tanzania is
governed by section 5 of the Appellate Jurisdiction Act, Cap. 141 R.E.
2019. According to subsection
(1)(a), an appeal lies as of right against every decree of the High Court,
including preliminary and ex parte decrees, made under the Civil
Procedure Code, Cap. 33, in
its original jurisdiction. Under subsection (1)(b), an appeal also lies as of
right against specific types of orders made by the High Court in original jurisdiction primarily
those concerning arbitration proceedings, orders under section 95 of the CPC
relating to compensation for arrest or injunctions, and orders involving the
imposition of fines or civil imprisonment except when arising from execution of
a decree. Additionally, appeals may be brought against any order specified in Order
XLIII Rule 1 of the Civil Procedure Code
or any High Court rule substituting or amending that provision.
In all other cases, under subsection
(1)(c), an appeal lies only with leave of either the High Court or the Court of
Appeal. This includes appeals from any decree, judgment, order, decision, or
finding not covered under the automatic right of appeal.
However, subsection (2) of section 5
imposes critical limitations on these appeal rights:
- Under subsection (2)(a), no appeal lies without
leave of the High Court against (i) a consent decree or order, or (ii) an
order as to costs only, where the costs are in the discretion of the
court.
- Under subsection (2)(b), a party who fails to
appeal against a preliminary decree may not later dispute its correctness
in an appeal against the final decree, unless they had first obtained
leave from the Court of Appeal.
- Under subsection (2)(c), where the High Court
makes a decision under Head (c) of Part III of the Magistrates’ Courts
Act, Cap. 11, that is, in the exercise of appellate or revisional
jurisdiction over matters originating from primary courts, no appeal shall
lie unless the High Court certifies that the decision involves a point of
law.
- Finally, subsection (2)(d) bars both appeals and
applications for revision against preliminary or interlocutory decisions
of the High Court unless such decisions have the effect of finally
determining the suit.
Therefore, an aggrieved party must carefully assess whether the decision they seek to appeal falls within the category of automatically appealable decrees or orders under subsection (1), or if it is subject to restrictions or requires prior leave or certification under subsection (2). Procedural compliance, including filing a notice of appeal within 30 days, and in appropriate cases seeking leave or a certificate on a point of law, is essential to maintain the competence of the appeal. Failure to observe these statutory requirements may render the appeal incompetent and liable to be struck out.
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