MZUMBE UNIVERSITY

MBEYA CAMPUS COLLAGE

DEPARTMENT OF ADMINISTRATIVE STUDIES

PROGRAM OF STUDIES : LLB III

COURSE TITLE : CIVIL PROCEDURE LAW II

COURSE CODE : LAW 325

COURSE INSTRUCTOR : MR. OMARY ISSA

TYPE OF WORK : GROUP ASSIGNMENT (NO. 08)

PARTICIPANTS
 SALEHE MDAKI……………………………..31305641/T.17
 NEEMA KAJEMBE…………………………..31305769/T.17
 ODEWA BONIPHACE…………………...…..31306000/T.17
 MAGGE NYAKYOMA…………………….....31305077/T.17
 MLAPONI LENNY………………………..…31305861/T.17
 ALBATUS VICTORIA………………………..31305787/T.17
 RAY S. NYABOGA……………………………31305780/T.17
 NEEMA SHEYO…………………………..…..31305664/T.17
 KIJA LUGISI………………………………….31305016/T.17
 TUPONILE AMBOKILE……………………..31306016/T.17
 LUSAKO EZEKIEL…………………………...31305101/T.17
 VERONICA F. MWANICHETA……………..31305771/T.17
 IMANI M. MWAMWEZI……………………..31305998/T.17
 SHAKHINA NYABAGAKA…………………..31305666/T.17
 MESHAKI KILEMILE………………………...31305816/T.17
 HADIJA MAYOLELA………………………....31305576/T.17
QUESTION;
The civil procedure law has introduced Pre Trial Conference as a mode of settling disputes
amicably instead of indulging in protracted Courts trials which are expensive, time consuming
and technical. Experts of civil procedure law therefore consider Pre Trial stage as more
expeditious to resolve litigations. But in mainland Tanzania the procedure has been proved to be
cumbersome and attract more delay and expenses. Which areas of Pre Trial stage seem to be
cumbersome and attract delay and unnecessary expenses?
 WORK OUTLINE
INTRODUCTION
 Meaning of the pre trial conference
 Staging Pre Trial Conference Procedure

MAINBODY
 The First Pre Trial Conference
 The Final Pre Trial Conference
 Areas of Pre Trial stage that seem to be cumbersome and attract delay and unnecessary
expenses
 The First Pre Trial Conference

CONCLUSION
 General remarks of the Work
BIBLIOGRAPHY
 Constitution
 Statutes
 Books
INTRODUCTION
Pre Trial Conference refers to the meeting of the parties to the suit with their Advocates if any,
held before the Court prior to the commencement of actual hearing and trial of the suit. 1 As civil
procedure law requires that suing in the courts of law be the last resort as it encourages people to
settle their disputes out of courts of law since suits takes a lot of time to complete and under
adversarial legal system parties live courts house while they are enemies, to avoid all this
disturbances civil procedure law requires parties before going for full trial to settle their disputes
by alternative modes of dispute settlement such as conciliation, negotiation, mediation and
arbitration and other modes which does not involves trials. 2 All this is done through conference
held before full trial of the suits begins
It is the court’s way to begin tracking the case, and to schedule the steps in case development.
The Judge or Magistrate conducting Scheduling Conference will discuss the services available
which he or she may order for your case. The purpose of the Scheduling Conference is, in part,
to determine how the case will proceed. In addition, it allows the court to apply its resources to
assist parties thereto, and to facilitate settlement. At the Scheduling Conference, the Judge or
Magistrate may order parties to participate in one or more programs offered by or through the
Court. Each step in the development of the case has been designed to offer information,
counseling and support to make decisions. The purpose is to give parties as much assistance and
as many opportunities as possible to settle their own case without having a fully contested trial.
Pre Trial Conference has a lot of advantages such as; to speeds the disposition of the case
especially when parties in the conference reaches certain agreement to resolve their dispute
without going into full trial of the case, pre trial conference discourages wasteful pre trial
activities, pre trial improves the quality of the trial with thoroughness, it also facilitates
settlement of the case and it helps the courts of the law to establish managerial control over the
case.3
MAINBODY
The question wants to explain the areas of Pre Trial stage seem to be cumbersome and attract
delay and unnecessary expenses

1
Issa, O. (2020) Civil Procedure From Pleading to Appealing, pg. 121
2
ibid
3
ibid
The stage of pre trial conference which pause cumbersome, unnecessary delay and expenses is
first pre trial stage. Whereby before the amendment of civil procedure code act of 2019 the first
pre trial conference was convened in twenty one days time for completion of the pleadings 4 the
pre trial conference before the amendment of the Civil Procedure Code Act Of 1029 was
mandatory for every case, save only for the cases which were exempted by order VIIIA rule 2
of the Civil Procedure Code Act. In this conference the parties or their recognized agents or their
advocates or all were allowed to attend. This conference was presided over by the trial magistrate
or judge and in the presence of the parties with their advocates if any.5 At this conference the
trial magistrate or judge and the parties with their advocates if any, did three major things. First
to ascertain speed truck of the case should the case be remitted for trail, second, to determine
mode of solving the case without trial through negotiations, mediations and arbitration and the
third was to make a scheduling order, setting out the dates or time for future events or steps in
the case, including preliminary applications, affidavits, counter affidavits, notices and the use of
procedures for alternative disputes resolution6. These were the major activities of the courts and
the parties thereof in the first pre trial conference.

So first pre trial conference is seems to be the cumbersome area and it attracts delay and
unnecessary expenses because it involves the following. These are;

First; First pre trial settlement and scheduling conference; This is a conference presided over
by a judge or magistrate to whom the particular case has been assigned under Order VIII Rule
17(1) of the Act, the conference must be attended by the parties or their recognized agent or
advocates. The provision read, The court shall, within fourteen days from the date of completion
of the pleadings, on its own motion direct any party or parties to the proceedings to appear
before it, for orders or directions in relation to any interim applications or other preliminary
matters which the parties have raised or intend to raise as it deems fit, for the just, expeditious
and economical disposal of the suit. At the conference the judge or magistrate consults with the
parties or their agents or advocates and then determines the speed track of the case. Thereafter he
makes or prepares what is called a scheduling Order. Again the same Order under rule 18 and 19
provide for notice and direction these all pause expenses and unnecessary delay.
4
Order VIIIA Rule 3 (1) of the Civil Procedure Code Act
5
Order VIIIA Rule 3 (1) of the Civil Procedure Code Act
6
Order VIIIA Rule 3 (2) of the Civil Procedure Code Act
Second; Speed tracks of cases, this expression, usually used to refer to traffic lanes is used in
our law to categorize civil cases in accordance with their relative complexity and within what
period cases in a particular category should be finalized. This is provided for by Order VIII rule
22(1) A judge or a magistrate to whom a case has been assigned shall within a period of twenty-
one days after conclusion of the pleadings, hold and preside over a first pre-trial settlement and
scheduling conference, attended by the parties or their recognized agents or advocates, for the
purpose of ascertaining the speed track of the case, resolving the case through the use of
procedures for alternative dispute resolution such as negotiation, conciliation, mediation,
arbitration or such other procedures not involving a trial. These speed tracks which the court
determines during the first pre trial settlement and scheduling conference after consulting with
the parties. What these provisions mean it is obvious is that no civil case must be pending in the
courts for more than twenty four months. Although the speed track may expire before judgment
of the suit the court has no power to dismiss or strike out the suit simply on the grounds of
expiry of the speed track. This was explained in the case of African Medical and Research
Foundation Vs Steven F. Emmanuel and Others 7. Twalib J. had a chance to discuss order
VIII Rule 4 of the Civil Procedure Code Act, which is analogous to order VIII Rule 23 of the
Civil Procedure Code (Amendment Of The First Schedule) rules of 2019. This case was filed on
25th march 2011 and by the time the matter came before Twalib J., for trial the speed track, even
if was the longest one , had already far back expired. In adjudicating the matter, Twaib J. raised
several issues, inter alia were, 1st from what point in time is the commencement of the speed
track of the case to be reckoned, 2nd is it possible to depart from the scheduling order beyond
two years (under speed track four) after the date the speed track commenced, 3 rd under what
circumstances can that be done and what are the factors the court should consider and on
what conditions. So Twalib J resolved that speed track starts to run from the date the suit is filed
in the court by representing the plaintiff thereof, the jurisdiction of the court does not lapse upon
expiry of the speed track.

Third ;scheduling Order, At that conference after fixing the speed track of the case, the judge
or magistrate proceeds to make what is called scheduling order. Scheduling Order is an order
which sets out future events in the case from the date of that conference. It fixes dates and times
for dealing with future events such as disposal of preliminary applications, the filling of
7
Land Case No 17 Of 2011, High Court Of Dare S Salaam, (Unreported)
affidavits, counter affidavits and notices and for use of alternative dispute resolution. When
scheduling order has been made, such Order ill not be departed from or amended unless the court
is satisfied that departure or amendment is necessary in interest f justice.

Fourth; Procedure for mediation sessions, Mediation session procedures are, at least for the
time being, to be found in the Civil Procedure Code Act, [Cap 33, R.E 2019]. Order VIII Rule
25(1) provide The court shall require the parties to appoint and submit the name of a mediator of
their choice within fourteen days after pleadings are complete. Rule 27(1) of the same Order, The
party or his advocate or both, where the parties are represented shall be notified of the date of
mediation and shall attend at the mediation session.

CONCLUSION
Generally pre trial procedures it is legal requirements despite of its weakness as explain prior, as
the group we come to the conclusion that this pre trial procedures such as things done in first pre
trial procedures like determination of the mode of resolving the case without trial through
negotiations, mediation, conciliation and arbitration are really cumbersome, and it seem to be
cumbersome and attract delay and unnecessary expenses so it is better if the mode were
preferred before the case was filed in the court of law and before completion of the pleadings.
But also the issue of speed track as provided by Order VIII Rule 22 (3) of the Civil Procedure
Code Act as amended by the Civil Procedure Code (Amendment of the First Schedule) Rules of
2019 needs to be adhered to and not mere arrangements

REFERENCE
CONSTITUTION
 The Constitution of the United Republic of Tanzania of 1977

STATUTES
 The Civil Procedure Code Act, R .E 2019

BOOKS
 Issa, O. (2020) Civil Procedure from Pleading to Appealing