Court Brokers and Process Servers (Appointment, Remuneration and

Disciplinary)
GN. No. 363 (contd…)

GOVERNMENT NOTICE NO 363 published on 22/09/2017

THE JUDICATURE AND APPLICATION OF LAWS ACT,

(CAP. 358)
_______
COURT RULES
_______
(Made under section 4)
_______

THE COURT BROKERS AND PROCESS SERVERS (APPOINTMENT, REMUNERATION

AND DISCIPLINARY) RULES, 2017

ARRANGEMENT OF RULES

PART I
PRELIMINARY PROVISIONS

1. Citation.
2. Interpretation.

PART II
APPOINTMENT OF COURT BROKERS AND PROCESS SERVERS

3. Establishment of Committee.
4. Functions of Committee.
5. Appointment of court broker or process server.
6. Application for appointment as court brokers and process server.
7. Duties and functions of court broker.
8. Duties and functions of process server.
9. Clients’ account.
10. Conduct of court brokers or process servers.
11. Performance report.
12. Time within which to apply for renewal of a certificate.
13. Grounds for refusing renewal.

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PART III
DISCIPLINARY MEASURES

14. Disciplinary action.

15. Complaint.
16. Determination of complaint.
17. Suspension of a court broker or process server.
18. Disciplinary proceedings.
19. Effect of revocation or suspension of a certificate.

PART IV
EXECUTION OF DECREES AND ORDERS

20. Register of execution.

21. Notice to judgment debtor.
22. Compliance by judgment debtor.
23. Value of the property to be attached.
24. Submission of inventories.
25. Deposit of moneys paid in executions.
26. Charges and deposits in cases of attachments and orders for sale.

PART V
FEES AND EXPENSES

27. Fees and charges of court brokers.

28. Expenses of attachment, etc.
29. Special provisions regarding livestock.
30. Fees and charges of the process servers.
31. Public officer employed as court broker or process server.
32. Revocation of G.N. No. 315 of 1997.
33. Saving provisions.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

GOVERNMENT NOTICE NO 363 published on 22/09/2017

THE JUDICATURE AND APPLICATION OF LAWS ACT

(CAP. 358)
_______
COURT RULES
________
(Made under section 4)
_________

THE COURT BROKERS AND PROCESS SERVERS (APPOINTMENT, REMUNERATION

AND DISCIPLINARY) RULES, 2017

PART I
PRELIMINARY PROVISIONS

Citation 1. These Rules may be cited as the Court Brokers

and Process Servers (Appointment, Remuneration and
Disciplinary) Rules, 2017.

Interpretation 2. In these Rules, unless the context requires

otherwise:-

“Code of Conduct” means code of conduct referred to

under rule 10(1);

“Committee” means the Court Brokers and Process Servers

Appointments and Disciplinary Committee
established under rule 3(1);

“court broker” means a person appointed under rule 5;

“court process” means a legal document issued by the court
for service on interested parties;

“executing officer” means a court broker, a process server

or any other person engaged by the Registrar or a
magistrate to execute a warrant of attachment or
court order for sale, or to serve or effect court a

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court process.
“magistrate” means the resident magistrate in charge of a
court of resident magistrate or a district court;
“process server” means a person appointed under rule 5(2)
or engaged in terms of rule 30 of these Rules to
effect service of court process;
“Registrar” means the Registrar of the High Court and
includes the Deputy Registrar of the High Court;
“secretary” means a secretary of the Committee;
“website” means an official website of the Judiciary of
Tanzania.

PART II
APPOINTMENT OF COURT BROKERS AND PROCESS SERVERS

Establishment of 3.-(1) There shall be established a committee to be

Committee
known as known as “Court Brokers and Process Servers
Appointment, and Disciplinary Committee.”

(2) The Committee shall be composed of:-

(a) the Jaji Kiongozi who shall be the chairman or
his a representative;
(b) one member representing the Tanganyika Law
Society;
(c) one member representing the Attorney-General;
(d) one member representing court brokers;
(e) one member representing process servers; and
(f) The Registrar who shall be the secretary to the
Committee.

Functions of 4. The functions of the Committee shall be to:-

Committee
(a) consider applications and issue certificates of
court brokers or process servers;
(b) cause to be published in the gazette and in wide
spread newspapers the names of the appointed

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court brokers and process servers;

(c) hear and determine any allegation of misconduct

made against a court broker or process server
and to take necessary measures under these
Rules or any other written laws;
(d) establish sub-committees at High Centres to
perform any of its functions on its behalf as the
Committee shall be, from time to time,
determined; and
(e) monitor compliance with these Rules.

Appointment of 5.-(1) Where the Committee is satisfied that a

court brokers
and process person:-
servers (a) is a citizen and resident of Tanzania who has
attained the age of majority;
Cap.227
(b) is director of a company incorporated in
Tanzania or partner of an entity which is
registered and licensed under the General
Auctioneers Act;
(c) has at least attained Ordinary Level of
Secondary Education or its equivalent and is
fluent in both Kiswahili and English;
Cap.33 (d) is a holder of a certificate prescribed under rule
6 (2) (e);
(e) is conversant with the rules of execution as
provided for under the Civil Procedure Code and
any other written laws;
(f) is of good repute and of high integrity;
(g) is of good financial standing;
(h) has adequate facilities for the safe storage of
goods;
(i) has paid a non-refundable application fee of two
hundred and fifty thousand shillings; and
(j) has appeared for an interview before the
committee and passed at a grade which the
committee may determine.

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it may appoint such person to be a court broker of a region
for which he is appointed.

(2) Where the Committee is satisfied that a person:-

(a) is a citizen and resident of Tanzania who has
attained the age of majority;
(b) has obtained or undertaken to obtain a business
licence relating to the functions of a process
Cap.33
server;
(c) has at least attained Ordinary Level of Secondary
Education or its equivalent and is fluent in both
Kiswahili and English;
(d) is conversant with the rules of service of court
process as provided for under the Civil Procedure
Code and any other written laws; and
(e) has paid a non-refundable application fee of
thirty thousand shillings,
it may appoint such person to be a process server.

(3) Notwithstanding sub rule (1) and (2), a person shall

not be eligible for appointment as a court broker or process
server under these Rules if that person:-

(a) has been convicted of an offence involving

fraud, dishonesty or immorality and
sentenced to imprisonment for a term
exceeding six months within ten years
before such person applied to be appointed
as a court broker or process server;
(b) has previously had his certificate as a court
broker or process server revoked under these
Rules or any other law;
(c) is a judge or magistrate in office or is
employed in any capacity as an executive or
officer of a court;
(d) is a practising advocate;
(e) is a Member of Parliament, a councilor or a

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person employed in the public service; or
(f) is of unsound mind.

(4) The Chief Justice may prescribe a number of court

brokers and process servers to be certified by the
Committee for a particular administrative region.

(5) A person appointed as a court broker under sub

rule (1) shall be issued with a certificate in the format
prescribed in Form 1 set out in the First Schedule to these
Rules and signed by the Registrar.

(6) A certificate issued under sub rule (5), shall be

valid for a term of one year and shall expire on the 31st day
of January of each year.

(7) A person appointed as a process server under sub-

rule (2) shall be issued with a certificate in the format
prescribed in Form 2 set out in the First Schedule to these
Rules and signed by the Registrar.

(8) Certificate under sub-rule (7) shall be valid for

three years and shall expire on the 31st day of January of the
third year.

(9) The Registrar shall maintain register of court

broker and process server.

Applications for 6.-(1) Any person who intends to be registered as a

appointment as
court broker and court broker or process server shall apply in writing to the
process server secretary of the Committee through the Resident Magistrate
in Charge of a region in which he wishes to practise as a
court broker or process server.

(2) The application referred to under sub-rule (1), shall

contain:-

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(a) full names, place of business, postal address,
email address, landline phone and mobile
phone numbers of the applicant;
(b) number, date and place of issue of the
applicant’s license to carry on the business as
an auctioneer;
(c) evidence on literacy and fluency in Kiswahili
and English languages;

(d) evidence by the applicant on ownership or

possession of facilities for the safe storage of
goods;
(e) certificate of competence in the duties of a
court broker issued by the Institute of Judicial
Administration or any other institution
recognized by the Committee;
(f) the name of the applicant’s banker, account
number and the address of the branch at
which his account is kept;
(g) a bank statement covering a period of twelve
months preceding the application;
(h) a commitment in writing by the applicant
that, if appointed, he shall secure and
maintain a policy or policies of insurance
covering goods in his custody against loss or
destruction;
(i) a bond with two sureties in the sum of four
hundred million shillings; and
(j) a certified copy of TIN certificate.

Provided that conditions provided under paragraphs

(b), (d), (f),(g) and (h) shall not apply to an
application to be appointed a process server.

(3) An application to be appointed as a court broker or

process server shall be in triplicate prescribed in the format
set out in Form 3 or Form 4 respectively in the First
Schedule to these Rules.

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(4) The bond referred to under sub-rule (2)(h) shall be

in the format prescribed in Form 5 set out in the First
Schedule to these Rules and shall be valid for one year.

(5) The Committee shall process the application within

a period of two months from the date of receipt of the
application.

Duties and 7. The main function of a court broker shall be to

functions of
court broker execute court decrees or orders falling within his
jurisdiction and shall include the following duties:-
Cap. 33 (a) attachment and sale of the judgment debtor’s
property in execution of the court orders or
decree as provided by Order XXI of the Civil
Procedure Code Act and other written laws;
(b) executing eviction orders;
(c) executing any other order issued by the court;
(d) preparing and filing returns on the manner
executions were carried out to the court which
issued the process; and
(e) carrying out any other directions issued by the
court.

Duties and 8. The main function of a process server shall be

functions of a
process server to serve judicial and extra-judicial documents and shall
include serving:-
(a) summonses, notices, copies of judgments,
rulings, decree or orders;
(b) notices of engagement to court brokers; and
(c) any other documents issued by the court.

Clients’ account 9. A court broker shall open and maintain a separate

bank account for the moneys paid to him in the execution of
court decrees, order or warrant.

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Conduct of 10.- (1) Every court broker and process server shall
court brokers or
process servers adhere
to the Code of Conduct prescribed in the Second
Schedule and Third Schedule to these Rules respectively.
(2) A court broker shall, when executing an order of
the court:-
(a) abide by these Rules, Code of Conduct for Court
Brokers, orders of the executing or superior
court and such other directives as may be issued
by the Chief Justice or the Committee; and

(b) maintain properly an account for proceeds of

sale.

(3) A process server shall, when serving court

process abide by these Rules, Code of Conduct for Process
Servers and such other directives as may be issued by the
Chief Justice or the Committee.

(4) A court broker and process server who

contravenes sub-rules (2) and (3) respectively commits
misconduct and shall be liable to revocation of his
appointment or forfeiture of his bond or both.

Performance 11.-(1) The Deputy Registrar and the Resident

report
Magistrate in-charge of a region shall, at the end of every
year submit to the secretary a confidential report on the
performance, competence, suitability and conduct of the
court brokers and process servers within the court’s
jurisdiction.

(2) For the purposes of sub-rule (1) the Deputy

Registrar and a magistrate in charge shall, at least once in
every year, inspect and evaluate the performance of each
court broker and process server within his jurisdiction and
make a report regarding the performance and conduct of
such court broker and process server.

Time within 12.-(1) A court broker or process server may, not

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which to apply earlier than three months and not later
than one month from
for renewal of
certificate the expiry of his certificate, apply to
the Committee for a
renewal of his appointment by submitting an application to
the Registrar through Resident Magistrate in-charge of a
region as prescribed in the format set out in:-
(a) Form 6 in case of a court broker of the First
Schedule to these Rules; and
(b) Form 7 in case of a process server of the First
Schedule to these Rules;
Provided that application submitted after expiry of the
certificate shall be considered upon showing good cause for
the delay by affidavit.

(2) The Registrar shall, before submitting the names

to the Committee for consideration of renewal, publish the
names in the website and in any local newspapers, inviting
opinions from members of the public as to the suitability of
the applicants to perform duties of a court broker or process
server.

(3) The Committee shall not renew a certificate if a

court broker or a process server fails to submit a general
auctioneer’s licence or a business licence when applying for
renewal of his certificate.

(4) The Registrar shall publish in the gazette or wide

spread newspaper and in the website, names of the court
brokers whose certificates have been renewed not later than
the fourth week of February of each year.

Grounds for 13.-(1) The Committee may revoke or refuse to

refusing to
renewal renew a certificate of a court broker or process server
where such court broker or process server:-
(a) has breached the rules governing the discharge
of his responsibilities;
(b) has had his certificate as a court broker
previously revoked;

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(c) has been found guilty of misconduct;
(d) has lost qualification for appointment as court
broker or process server;
(e) has a questionable moral or financial integrity;
or
(f) cannot perform his duties due to ill-health or
prolonged absence or other infirmities.
(g) has been charged and convicted in court of a
criminal offence for the offence relating to
discharge of responsibilities of court broker or
process server.
(2) A court broker or process server who qualifies for a
renewal of certificate shall be issued with a new certificate
upon paying a fee of:-
(a) two hundred thousand shilling, in case of a court
broker; and
(b) twenty five thousand shillings, in case of a
process server.

PART III
DISCIPLINARY MEASURES

Disciplinary 14. The Committee may take disciplinary measures

action taken.
against a court broker or a process server where such court
broker or process server acts unlawfully or oppressively, or
in a manner incompatible with his status as an officer of the
court or where it is proved to its satisfaction that the court
broker or process server has acted in violation of these
Rules.

Complaint 15. Any person who has a complaint against a court

broker or process server may submit the complaint in
writing to the Secretary.

Determination 16.-(1) The secretary shall, within twenty one days

of complaint
upon receipt of the complaint, serve the court broker or the
process server against whom the complaint is made with a

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copy of the complaint with directions to submit a reply to
the complaint within twenty one days .

(2)The committee may, upon receipt of the

complaint and reply thereto, deliberate whether to charge
the court broker and process or the process server.

(3) Where charged a court broker or process server

may be required to submit a reply within 14 days.

(4)The secretary shall fix a day of hearing of the

charge as soon as practicable.
(2) A party may be represented by counsel of his
own choice before a Committee.

Suspension of a 17.-(1) The Secretary may, with the approval of

court broker or
process server the Chairman of the Committee, suspend the appointment
of a court broker or process server when disciplinary
proceedings are taken or are likely to be taken against that
court broker or process server.

(2) Where a court broker or a process server is

suspended, the Secretary shall institute disciplinary
proceedings against that court broker or process server
before the Committee.

Disciplinary 18.-(1) The Committee shall regulate its own

proceedings
proceedings in accordance with the principles of natural
justice.

(2) Upon hearing the disciplinary charges, the

Committee may:-

(a) dismiss the charges; or

(b) uphold the charges and reprimand, suspend a

court broker or a process server from conducting
business for a period of not more than one year

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or revoke the appointment.

(3) The Committee shall take all reasonable steps to

determine the disciplinary charges against a court
broker or process server within a period or process
server submitted his reply.

Effect of 19. Where a certificate is suspended, revoked or not

revocation or
suspension of renewed:-
certificate
(a) in case of court broker, any property which
came to his possession in the course of
performance of his duties shall be returned
forthwith to the appointing court which shall
deal with it as it shall deem fit; and

(b) in case of a process server, any court processes

which came to his possession in the course of
performance of his duties shall be returned
forthwith to the appointing court which shall
deal with it as it shall deem fit.

PART IV
EXECUTION OF DECREES AND ORDERS

Register of 20. The executing court and court broker shall keep
executions
and maintain an updated register of all the executions
containing particulars as prescribed in format set out in the
First Schedule to these Rules:-

(a) in the case of executing court, in Form 8; and

(b) in the case of the court broker, in Form 9.

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Notice to 21.-(1) The executing officer who has been issued
judgment debtor
with the warrant of attachment shall serve the judgment
debtor with a notice of not less than fourteen working days
to settle the decretal amount or comply with the decree or
order as prescribed prior to the carrying out of the
execution order in the format set out in Form 10 of the First
Schedule.

(2) The executing officer shall, in case of an

eviction order, serve the judgment debtor with a notice of
not less than fourteen working days before eviction.

(3) No court decree or order of eviction from or

demolition of a landed property shall be executed on a day
other than a working day unless leave has been sought and
granted by the executing court.

(4) Unless with a leave of the court, no warrant of

attachment shall be executed between sunset and day break.

Compliance by 22. Where the judgment debtor satisfies the decree

judgment debtor
or complies with the court order and pays any expenses
incurred by the executing officer as assessed by the
Registrar or magistrate within the period given by the
executing officer under these Rules, the warrant or order
shall cease to have legal effect.

Value of the 23.-(1) The executing officer shall not, unless

property to be
attached ordered by the court, attach property with a market value
which exceeds the value of the decree plus the execution
expenses permitted under these Rules by more than five per
centum.

(2) Failure to comply with this rule shall be a

misconduct which may be punished by cancellation of
engagement granted under rule 18 or to such other
disciplinary proceedings under these Rules.

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Submission of 24.-(1) The executing officer shall, after
inventories
attachment, submit a copy of attachment and an inventory
showing the items attached and their value to the court
issued the warrant of attachment.

(2) A copy of attachment and an inventory referred

to under sub-rule (1) showing the value of the property
attached shall be filed with the court and served on the
parties to the execution proceedings and certificate of
service thereof submitted to the court on the day following
the attachment and if that day is not a working day on the
next working day.

(3) Failure to comply with this rule shall be a

misconduct which may be punished by cancellation of
engagement granted under rule 18 and to such other
disciplinary proceedings under these Rules.

Deposit of 25.-(1) The Court broker shall, deposit moneys paid

moneys paid in
execution in execution of the decree in the court’s account or to the
clients’ account or transferred to the court's account on the
date of its payment or if the date of payment is not a
working day or payments were made after working hours,
the amount so deposited or paid, shall be transferred to the
court’s account on the next working day.

(2) A court broker who fails to deposit or transfer

the amount paid to him in execution of the decree within
the specified time may be subjected to disciplinary
proceedings.

(3) The court broker shall not sell attached property

until he obtains an order for proclamation of sale.

(4) Every sale in execution of a court order shall be by

public auction.

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Charges and 26.-(1) A judgment debtor shall pay the charges of

deposits in cases
of attachments the court broker but if the judgment debtor cannot be traced
and orders for or has no property upon which costs of execution can be
sale levied or a court has ordered the attached goods to be
released and the judgment debtor is not blameworthy, then
the decree holder shall pay those charges.

(2) Where an application to issue a warrant of

attachment, order for sale or any other court process has
been made, or a warrant, order or other process has been
issued by the High Court or a court of resident magistrate
or a district court, the Registrar or the Magistrate, may
require the party applying for attachment, sale or other
court process to deposit any sum which may be reasonable
to meet the fees, charges and allowances payable under
these Rules for the execution or service of the warrant,
order or any other court process.

PART V
FEES AND EXPENSES

Fees and 27.-(1) Fees, charges and allowances prescribed in

charges of court
a brokers the Fourth Schedule to these Rules shall be payable for the
execution of warrants of attachment and orders for sale
issued by the High Court, a court of resident magistrate or
district court.

(2) Without prejudice to sub-rule (1) where a

warrant of attachment or order for sale is to be executed
outside the geographical boundaries of any city,
municipality or township or in any other special
circumstances, the Registrar or magistrate may allow
special fees, charges or allowances.

(3) Fees, charges and allowances payable under this

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rule shall be levied, determined and collected by the
executing court and paid to the executing officer.

(4) For the purpose of sub-rule (3) the executing

officer shall, not later than thirty days from the last date of
hearing, file a bill of costs with the executing court and
serve copies of the bill on all the parties and such court
shall determine the amount payable after hearing the parties
within fourteen days and deliver a ruling thereon.

(5) Charges and allowances of the executing officer

in case of successful objection proceedings arising from the
attached property shall be paid by the decree holder or any
other person who pointed out the property.

Expenses of 28.-(1) The prescribed fees, charges and allowances

attachment, etc.
shall, unless stated otherwise, be deemed to include all
expenses of attachment, advertisement, sale, inventories,
catalogues and necessary charges for safeguarding the
property under attachment:

(2) Where an order for sale has been made and the
sale is stopped or postponed or where execution is stayed
by court order, the executing officer on application shall be
entitled to receive all the expenses and charges which he
has reasonably incurred.

(3) Notwithstanding the provisions of sub-rule (1),

the executing officer shall be entitled to reimbursement,
subject to the discretion of the Registrar or magistrate, of
costs reasonably incurred for advertisement and security.

Special 29.-(1) Where property sought to be attached or

provisions sold is livestock, the court may, after hearing the parties
regarding
livestock and the executing officer, order for arrangement which
provides for safe custody, feeding and transport of the
livestock and for the fixing and payment of costs incurred.

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(2) The court shall have power to withdraw the

warrant of attachment referred to under sub-rule (1) if it is
of the opinion that no satisfactory arrangement for the safe
custody, feeding and transport of livestock can be made
between the executing officer and the decree holder.

Fees and 30.-(1) Fees and allowances in respect of service of

charges for court processes shall be in the amount specified in the Fifth
service of
court processes
Schedule to these Rules.

(2) Without prejudice to sub-rule (1), where a

service of court process is to be effected outside the
geographical boundaries of any city, municipality or
township or in any other special circumstances, the
Registrar or magistrate may allow special fees, charges or
allowances.
(3) The fees, charges and allowances payable under
this rule shall be determined by the court and:-
(a) collected from a party on whose behalf the court
process is effected and paid to the process
server; or
(b) caused to be paid to the process server by a
party on whose behalf the court process is
affected.

Public officer 31. Where a public officer is assigned to perform

assigned as a duties of a court broker or process server, the fees, charges
court broker or
process server and allowances prescribed in the Fourth Schedule and Fifth
Schedule to these Rules respectively to these Rules shall be
levied and credited as court fees in addition to any other
court fees payable.

Revocation 32. The Court Brokers and Process Servers

G.N. No. 315 (Appointment, Remuneration and Discipline) Rules, 1997
of 1997
are hereby revoked.

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Saving 33 Any certificate made or issued to court brokers
provisions under the revoked Rules shall be deemed to have been
issued under these Rules and shall remain valid until it
expires or revoked as the case may be.

_______
FIRST SCHEDULE
_______

FORMS
FORM 1

CERTIFICATE OF APPOINTMENT OF A COURT BROKER

(Under rule 5 (5))

I, ............................................the Registrar/Deputy Registrar of the High Court of

Tanzania, hereby certify that……........................... (Insert name and details of Court
Broker) has been appointed a Court Broker for............................ (Insert region for which
is appointed) for the period of one year expiring on the 31st day of December………..

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

Seal ..................................

Registrar

FORM 2

CERTIFICATE OF APPOINTMENT OF A PROCESS SERVER

(Under rule 5 (7))

I, ............................................the Registrar/Deputy Registrar of the High Court of

Tanzania, hereby certify that……........... (Insert name and details of process server) has
been appointed a Process Server for................. (Insert area for which appointed) for the
period of three years.

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

Seal ..................................

Registrar

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FORM 3

APPLICATION FOR APPOINTMENT AS A COURT BROKER

(Under rule 6 (3))
To: The Registrar,

The High Court of Tanzania,
P. O. Box 9004, Applicant’s
Dar es Salaam.
Photograph

1. ..............................................................................................hereby apply to be
appointed a court broker for ............................................................... (Insert full name and
region for which appointment is sought)

2. I carry on the business of ............................................................at

............................................. and my contacts are-

o Physical
address……………………………………………………………………….;
o Place of
business……………………………………………………………………....;
o Postal
address/code……………………………………………...……………..……;
o Email address
o Fax
Number………………………………………………………………………..….;
o Cellular
Number………………………………………………..…………………….;

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

o Land line/Tel:
Number……………………………………………………………....;
o Tax Identification
Number…………………………………………………..………;
o National Identification Number (where available)………………….………;

3. I hold a valid general auctioneer's licence issued at .........................on the

.....................day of................. 20............ A certified copy of my general licence for the
current year is annexed hereto.

4. I hold a valid business licence issued on ……………………….. . . Licence is attached

hereto.

5. I speak, read and write the following languages fluently:

................................................................................................................................................
.............................................
6. I have the following facilities for the safe storage of goods. (Describe - the storage
facilities, the address, size and type of construction of the
warehouse).............................................................................................................................
..............................................
7. I have bank account number(s)……………………... and my banker(s) is/are
........................................................................................... . (Attach a bank statement for
the past twelve months is attached).

8. I hereby undertake that in the event of being appointed a court broker, I will maintain a
policy or policies of insurance covering the goods which may from time to time be in my
custody as such court broker against theft, damage and destruction by fire in the sum of
not less than Shs. 100,000,000/= or such sum as you may direct and that I will, if and
when called upon by you or a magistrate, produce for inspection the policy or policies of
insurance and the current receipts for premiums paid.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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9. I hereby commit myself that upon my appointment I will open a client’s account and
submit particulars thereof to the Registrar within thirty days from the date of receipt of
the certificate.

Dated at .................................................................. this ......................... day of

......................... 20........

…………...................................................

Signature of Applicant

Present for filling on…………………. Day of…………………….20…………………..

Signature of Registrar

FORM 4

APPLICATION FOR APPOINTMENT AS A PROCESS SERVER

(Under rule 6 (3))
To: The Registrar,

Applicant’s
23
Photograph

 Court Brokers and Process Servers (Appointment, Remuneration and
Disciplinary)
GN. No. 363 (contd…)

The High Court of Tanzania,

P. O. Box 9004,
Dar es Salaam.

1. ..............................................................................................hereby apply for

appointment as a process server
for........................................................................................................ District (Insert full
name and area for which appointment is sought)

2. I undertake to obtain the business license as soon as I am appointed to be a process

server and my contacts are-

o Physical
address……………………………………………………………………….;
o Place of
business……………………………………………………………………....;
o Postal
address/code……………………………………………...……………..……;
o Email address
o Fax
Number………………………………………………………………………..….;
o Cellular
Number………………………………………………..…………………….;
o Land line/Tel:
Number……………………………………………………………....;
o Tax Identification
Number…………………………………………………..………;
o National Identification Number (where available)…………………….………;

3. I speak, read and write the following languages fluently:

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

................................................................................................................................................
..............
3. I undertake to obtain a business licence as soon as I am appointed and submit a
certified copy of the same to the Registrar.
Dated at .................................................................. this ......................... day of
......................... 20........
…………...................................................
Signature of Applicant

FORM 5
BOND
(Made under rule 6(4))

Know all men by these presents that we,........................ of ........................

and.................................................of……………...are jointly and severally bound to the
Registrar of the High Court of Tanzania in the sum of Tanzanian shillings four hundred
million to be paid to the Registrar or to his successor in office for the payment of which
we bind ourselves and each of us and our heirs, executors, administrators and assigns.

1. …………………………………..(Insert name of applicant and his two sureties)

2. ………………………………………….(Insert name of applicant and his two

sureties)

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

The condition of this obligation is that if the above-named…………………………..

who has been selected for appointment as a court broker for the time shall at all times,
well and truly perform and fulfill all the duties and obligations of a court broker in
accordance with the rules and practice of the High Court of Tanzania or any court
subordinate to it to which his appointment may relate, AND shall well and faithfully
execute all the trusts reposed or which shall or may be reposed in him.
……………………………………..(Insert name of applicant)
AND in the case of any default or defaults we shall pay to the Registrar of the
High Court for the use of the persons who may be entitled to it all moneys payable or

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

chargeable to him for or in respect or in consequence of any default or defaults, then this
obligation shall be void and of no effect or else shall remain in full force.

Signed and delivered by the within named:

.......................................................................
........................................................................ ..................................
in the presence of .......................................... ..................................
NAME……………………………………………… (Signatures of persons
giving bond)
SIGNATURE …………………………………………
COMMISSIONER FOR OATHS

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

FORM 6

APPLICATION FOR RENEWAL OF A CERTIFICATE AS A COURT BROKER

(Under rule 12 (1))

Applicant’s
Photograph

To: The Registrar,

The High Court of Tanzania
1. ..............................................................................................hereby apply for renewal of
a certificate as a Court Broker for
........................................................................................................(Insert full name and
area for which appointment is sought)

2. I carry on the business of ............................................................at

............................................. and my contacts are-

o Physical
address……………………………………………………………………….;
o Place of
business……………………………………………………………………....;
o Postal
address/code……………………………………………...……………..……;
o Email address
o Fax
Number………………………………………………………………………..….;
o Cellular
Number………………………………………………..…………………….;
o Land line/Tel:
Number……………………………………………………………....;

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

o Tax Identification
Number…………………………………………………..………;
o National Identification Number (where available)…………………….………;
3. I hold a valid auctioneer's licence issued at .........................on the
......................... day of................. 20........My licence for the current year is
annexed hereto.
4. I hold a valid business licence which expires
on………………………………………… My licence is annexed hereto.

5. I speak and write the following languages fluently:

................................................................................................................................................
.............................................
6. I have the following facilities for the safe storage of goods. (Describe - the storage
facilities, the address, size and type of construction of the
warehouse).............................................................................................................................
..............................................

7. I have bank account number(s)……………………... and my banker(s) is/are

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

8. I hereby undertake that in the event of being appointed a court broker, I will maintain
a policy or policies of insurance covering the goods which may from time to time be in
my custody as such court broker against theft, damage and destruction by fire in t.he sum
of not less than Shs. 100,000,000/= or such sum as you may direct and that I will, if and
when called upon by you or a magistrate, produce for inspection the policy or policies of
insurance and the current receipts for premiums paid.

9. I have a client’s account number……………………………………………and my

bankers are…………………………………………..

Dated at .................................................................. this ......................... day of

......................... 20........
…………...................................................
Signature of Applicant
Present for filling on…………………. Day of…………………….20…………………..
Signature of Registrar

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

FORM 7

APPLICATION FOR RENEWAL OF CERTIFICATE AS A PROCESS SERVER

(Under rule 12 (1))

Applicant’s
Photograph

To: The Registrar,

The High Court of Tanzania
1. ..............................................................................................hereby apply for renewal of
a certificate as a Process Server
for........................................................................................................ District (Insert full
name and area for which appointment is sought).
2. I undertake to obtain the business license as soon as I am appointed to be a Process
Server and my address (es) are:-

o Place of
business……………………………………………………………………....;
o Postal
address/code……………………………………………...……………..……;
o Email address/fax/mobile
phone………………………………………………….;
numbers…………………………………………………………………………
………;
o National Identification Number (where available)………………………….
o Tax Identification
Number……………………………………………………….…;
5. I had licences for past three years copies of which are attached. I undertake to
obtain a business licence as soon as I am appointed and submit a certified copy
of the same to the Registrar.
Dated at .................................................................. this ......................... day of
......................... 20........
…………...................................................
Signature of Applicant

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 Court Brokers and Process Servers (Appointment, Remuneration and
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FORM 8
Court’s Execution Register

(Under rule 20)

SN Part- Assig- Descri- Estima- Date of Proc Date, Succe Amount Date Date
ies ned ption ted attach- lama time ssful money decree
court of value ment tion and bidder deposi- holder
proper-
broker date place ted in paid
ties
of court
auct-
ion

FORM 9

Court Broker’s Execution Register

(Under Rule 20)

SN Parties Descrip Court Date of Estimate Procla- Date, Succe- Date of

-tion of issuing attach- value mation time ssful deposits/
property the order/ ment date and bidder paying
decree a
place of
decree
Auction holder

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

FORM 10

NOTICE TO SETTLE DECRETAL AMOUNT

(Under rule 21(1))

In the High/RM'S/District Court of ......................................................

Civil Case No. ........... of……………………….

…………................................................................. Decree Holder

Versus.
……………………………………………………………….. Judgment Debtor
To: ..................................................................................................

Take notice that a warrant of attachment/order against you in respect of Civil Case No.
............................... of the High Court/RM's Court/District Court of
.....................................

has been issued to me for execution. Notice is given to you to settle the decretal amount
within fourteen working days of the service upon you of this notice, failure in which
execution will proceed without further notice to you.
Presented on ...........................................................
Court Broker
I,....................................................................................................................... judgment
debtor in the above civil case acknowledge receipt of this notice.
Signature ...................................................
Date ..........................................................

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 Court Brokers and Process Servers (Appointment, Remuneration and
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_______
SECOND SCHEDULE
________
(made under rule 10 (1))
CODE OF CONDUCT FOR COURT BROKERS

PREAMBLE

WHEREAS a fair and efficient system of enforcement of judgments and execution of

court decrees, orders and warrants is essential to the administration of justice in a
democratic society;

WHEREAS exemplary conduct by court brokers inspires public confidence and trust in
the courts, and conveys the values of impartiality, equity, and fairness that bring integrity
to the court’s work;

AND WHEREAS court brokers are expected to adhere to a high standard of ethical
behavior;

NOW THEREFORE, to advance these values and to achieve justice, this Code of
Conduct for Court Brokers outlines ethical principles as hereunder:

DEFINITION

1. In this Code, unless context requires otherwise-

“court broker” has the meaning ascribed to it under rule 2 of the Court
Practice and Procedure (Appointments, Remuneration, Discipline of Court
Brokers and Process Servers) Rules, 2014.

APPLICATION

2. (1) This Code of Conduct shall apply to all court brokers in Mainland
Tanzania.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

(2) This Code of Conduct shall supplement laws, rules and practices which
govern activities of court brokers.

INTEGRITY

3. (1) Every court broker shall perform his functions and discharge his duties
with integrity.

(2) Every court broker shall demonstrate the highest standards of personal
integrity in all his/her work and personal dealings, avoiding the misuse of
property, court time, equipment, supplies or facilities for personal ends.

(3) Every court broker shall refrain from any actual impropriety, such as
violating the law, soliciting funds on the job, receiving gifts or favours
related to court employment, giving presents and gifts to any officer of the
court for purposes of obtaining any present or future favours, accepting
outside engagement that conflicts with the court broker’s duties, or using
position to benefit himself, friends, or relatives.

(4) Every court broker shall avoid any appearance of impropriety that might
diminish the integrity and dignity of the court.

HONESTY
4. (1) Every court broker shall be honest and candid when discharging official
duties.
(2) Every court broker shall provide accurate information to the court and to all
those affected by his/her work as requested in a competent, courteous, and
timely manner.
(3) Every court broker shall not intentionally mislead or attempt to mislead any
member of public during the course of his duties.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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(4) Every court broker shall refrain from acting in matters in which he or she
holds an interest or in matters that concern his immediate family, relative
or friend.

(5) Every court broker shall not act as an attorney, agent or advisor to any
party to any court proceeding or give advice in any legal matter.

(6) Every court broker shall not misrepresent his powers, qualifications,
capacities, experience or abilities.

COMPETENCE
5. (1) Every court broker has a duty to the court and the public to perform
functions and discharge assigned duties in a competent manner.
(2) Every court broker is obliged and expected to handle matters without undue
delay, risk or unnecessary expense.
(3) Every court broker shall ensure that all agents, employees and contractors
under his/her supervision or direction are provided with appropriate
training to ensure that they, at all times act within the scope of the law.
(4) Every court broker shall undergo periodic continuous education to improve
performance.

QUALITY OF SERVICE

6. (1) Every court broker has a duty to serve the court and the public in a
conscientious, diligent and efficient manner in order to provide quality service.
(2) Every court broker shall serve the public by providing accurate
information about the attachment, execution of decrees and other court
processes that is as helpful as possible without taking one side over the
other, or appearing to favour one side of a case.
(3) Every court broker shall provide responsible, transparent and
accountable stewardship of properties which he/she handles during the
executing processes.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

(4) Every court broker shall guard against and, when necessary, repudiate
any act of discrimination or bias based on race, religion, colour, gender,
national origin, ancestry, physical or mental disability, medical
condition, or marital status.
(5) Every court broker shall behave towards all persons with respect,
courtesy, patience, and responsiveness, acting always to promote public
esteem in the court system.
(6) Every court broker shall ensure that goods are handled with reasonable
care so that they do not suffer any damage whilst in his/her possession
and where damage so occurs assist in the recovery of insurance claim.

CONFIDENTIALITY

7. Every court broker shall safeguard confidential information, both written and
oral, unless disclosure is authorized by the court, refusing ever to use such
information for personal advantage, and abstain at all times from public
comment about pending court proceedings, except for strictly procedural
matters.

VULNERABILITY, PRIVACY AND MODESTY

8. (1) Every court broker has a duty to respect the vulnerable and the privacy and
modesty of a woman.
(2) Although not exhaustive, every court broker shall recognize the
following groups as being potentially vulnerable and treat them with
special care:
i. the elderly;
ii. people with a disability;
iii. the seriously ill;
iv. the recently bereaved;
v. pregnant women.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

(3) Every court broker shall in carrying out his duties, refrain from acting
in a manner which would embarrass, humiliate or offend any
individual.

HAZARDOUS AND AGGRESSIVE SITUATIONS

9. Every court broker shall recognize and avoid potentially hazardous and
aggressive situations and withdraw when in doubt about his/her own or other’s
safety.

COLLEGIALITY

10. Court brokers will cultivate within themselves ethical judgment that will foster
collegiality and cooperation.

_______
THIRD SCHEDULE
_______
(Under rule 10(1))
CODE OF CONDUCT FOR PROCESS SERVERS

PREAMBLE

WHEREAS the service of court processes is an integral part of expeditious

administration of justice;
WHEREAS the administration of justice depends on process service system that is
efficient, ethical and professional;
AND WHEREAS it is desirous to promote public confidence and trust in the courts by
ensuring that process servers perform their work professionally, honestly and
expeditiously;

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

NOW THEREFORE, this Code of Conduct for Process Servers sets out ethical
principles to be adhered to by process servers as hereinunder:

DEFINITION
1. In this Code, unless the context requires otherwise–
“process server” has the meaning ascribed to it under rule 2 of the Court
Practice and Procedure (Appointments, Remuneration, Discipline of Court
Brokers and Process Servers) Rules, 2014.

APPLICATION
2. (1) This Code of Conduct shall apply to all process servers in Mainland
Tanzania.
(2) This Code of Conduct shall supplement laws, rules and practices which
govern activities of process servers.
INTEGRITY
3. (1) Every process server shall demonstrate the highest standards of personal
integrity in all their work and in his dealings, avoiding the misuse of property,
court time, equipment, supplies, or facilities for personal ends.
(2)Every process server shall stand behind and defend his/her work as may be
required from time to time including providing affidavits, appearing in court to
testify.
(3)No process server shall allow another person to sign a return of service or
affidavit of service or other document attesting to the facts of service (“proof of
service”) on his behalf.
(3) No process server shall knowingly or intentionally prepare or file a false
proof of service.
(4) Whenever attestation is required on a proof of service, process servers shall
always sign in the physical presence of a commissioner for oaths after
taking an oath or affirmation.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

HONESTY
4. (1) Every process server shall not misrepresent their powers, qualifications,
capacities, experience or abilities.
(2) Every process server shall provide accurate information to the court and to
all those affected by their work as requested in a competent, courteous, and
timely manner.
(3) Every process server shall owe a duty of professionalism, honesty, and
candor to the party for whom process is being served and also to the party
being served.
(4) Every process server shall be honest and truthful in all dealings with all
persons while engaged in any activity related to the service of process.
(5) Every process server shall refrain from acting in matters in which he or she
holds an interest or in matters that concern his immediate family, relative or
friend.

COMPETENCE
5. (1) Every process server has a duty to the court and the public to perform
functions and discharge duties in a competent manner.
(2) Every process server shall demonstrate adequate skills and knowledge in
performance of his the work and seek training opportunities to maintain
professional competency and growth and sufficient communication skills.
(3) Every process server has an obligation to acquire knowledge and keep
abreast of current laws and rules regarding the service of process.

QUALITY OF SERVICES
6. (1) Every process server has a duty to serve the court and the public in a
conscientious, diligent and efficient manner in order to provide quality service.
(2) Every process server shall keep the client reasonably informed about the
status of the service and promptly comply with reasonable requests.
(3) Every process server shall ensure all affidavits and certificates he/she
prepares are complete, accurate understandable and timely filed with the court.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

(4) Every process server shall handle all legal documents with care and
maintain required records in an organized, professional manner.
(5) No process server shall violate all any rules or conduct themselves in a
manner that would impact adversely on the judiciary, the courts, or other
agencies involved in the administration of justice.
(6) Every process server shall observe the protocol for service of process in any
building or place before proceeding with service and shall take appropriate
steps to avoid impairing security, or creating a security issue or interfering
with any formal proceedings.

CONFIDENTIALITY
7. (1) No process server shall utilize his position in any manner to gain access to
information for personal interest.
(2) Every process server shall safeguard confidential information, both written
and oral, unless disclosure is authorized by the court, refusing ever to use such
information for personal advantage, and abstain at all times from public
comment about pending court proceedings, except for strictly procedural
matters.

VULNERABILITY, PRIVACY AND MODESTY

8. (1) Every process server has a duty to respect the vulnerable and the privacy and
modesty of a woman.
(2) Although not exhaustive, every process server shall recognize the following
groups as being potentially vulnerable and treat them with special care:
i. the elderly;
ii. people with a disability;
iii. the seriously ill;
iv. the recently bereaved;
v. pregnant women.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

(3) Every process server shall, in carrying out his/her duties, refrain from acting
in a manner which would embarrass, humiliate or offend any individual.

HAZARDOUS AND AGGRESSIVE SITUATIONS

(4) Every process server shall recognize and avoid potentially hazardous and
aggressive situations and withdraw when in doubt about his/her own or
other’s safety.
(5) Where a process server who withdraws shall immediately report to the court
for directions.

COLLEGIALITY
9. Process servers shall cultivate within themselves ethical judgment that will
foster collegiality and cooperation.

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

_______
FOURTH SCHEDULE
________
(Made under rule 31)
Item Fee payable
no.

PART I
ATTACHMENT
1. For attaching or taking possession of movable property
and keeping possession of the same for 30 days or part
thereof when the estimated value of the property (in
accordance) with the executing officer’s inventory
furnished under rule (6)- or the decretal amount
whichever is less.

(a) does not exceed Tshs. 5 Million 10%

(b) exceeds Tshs. 5 Million Tshs. 500,000/=

plus 3% of the
amount above Tshs.
5 million provided
that the amount
payable shall not
exceed Tshs.
10,000,000/=
Provided further that where it is considered necessary to
hold the property for a longer period, the executing
officer shall, in addition to the fee calculated on the
basis of the above schedule be reimbursed for the
additional costs/expenses which in the opinion of the
Registrar or Magistrate were properly incurred.

2. For attaching immovable property where the amount of 3% of decretal

the decree in execution of which the property is amount provided
attached:- that the amount
payable shall not
exceed Tshs
1,500,000/=

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

3. For attending to attach or take possession of movable
property, where no property is found after diligent
inquiries the executing officer shall be paid Tshs.
200,000/= and be reimbursed for actual expenses
incurred in the exercise.

PART 11
STORAGE

4. Where the property so attached is sold the Court Broker

shall not be entitled to storage fees after sale.

5. Where the property attached is released, the court

broker shall be entitled to, in addition to attachment
fees, storage costs as follows-

(a) for the first 30 days or any part thereof. Nil

(b) for any further period with leave of the court. As may be
determined by the
Registrar or
magistrate.
SALE

6. For selling movable property where the amount realized 10%

does not- Tshs. 500,000/=
a) exceed Tshs. 5 Million. plus 7% of the
exceed Tshs. 5 million amount above Tshs.
5 million provided
that the amount
payable shall not
exceed
10,000,000/=
8. For selling immovable property;
a) where the amount realized does not exceed 10%
Tshs. 5 Million

Where the value realized exceeds Tshs. 5 Million Tshs. 500,000

Plus 7% provided
the amount payable
shall not exceed

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 Court Brokers and Process Servers (Appointment, Remuneration and
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GN. No. 363 (contd…)

Tshs. 10,000,000/=

EVICTION

10. For gaining entry Tshs. 200,000/=

11. For evicting from each room (bathroom and toilets not
included) Tshs. 150,000/=
For purposes of item 11, where the eviction is done in a self-contained house,
the sitting room, dining room and kitchen shall be deemed to be rooms of equal
size and the fees shall be the same.

________
FIFTH SCHEDULE
__________

(Made under rule 31)

___________

Item no. Item Amount

1. For personal service of a court processes, on Tshs. 50,000/=
each intended party within the limits of the
city, municipality or township.

2. For Personal service of a court processes, for Tshs. 50,000/= in addition

each intended party outside the limits of the to public transport costs
city, municipality or township. and daily subsistence
allowance paid at the
lowest government’s per
diem allowance rate.
3. For filing an affidavit of services Tshs. 20,000/=

Dar es Salaam, IBRAHIM HAMIS JUMA,

31ST AUGUST, 2017 Ag. Chief Justice

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