The first schedule to the Civil Procedure Code has been amended by Civil Procedure Code (Amendment of the First Schedule) Rules, 2025. The amendments make provisions on (a) constitution of executing court in district and resident magistrate courts; (b) codifying the position with regard to recoverability of social security contributions under the summary procedure; and introducing the 14-day rule, to the lower courts, in issuance of stay orders pending execution of decrees.
The amendment clarifies on the constitution of executing court at the district and resident magistrates’ court. Whereas the code was silent before, it now provides that the executing court at the district and resident magistrates courts shall be either the magistrate in charge of the district court; the resident magistrate in charge or any other magistrate assigned by the district magistrate in charge or resident magistrate in charge.
The practice in lower courts was that all execution proceedings (including bill of cost) were before the magistrates in charge (both at the district court and resident magistrates court). Now the amendment widens the scope of magistrates who may preside over execution proceedings.
This shall have a positive effect on speeding up execution matters and reducing the backlog at the district and resident magistrate courts.
The amendment codifies the ratio in THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND (“NSSF”) versus THE REGISTERED TRUSTEES OF EVANGELICAL CHURCH IN TANZANIA EASTERN DIOCESE Civil Appeal Number 128 of 2023, by allowing suits for recovery of contributions to the social security funds to be instituted under the summary suits.
The law was not clear on whether NSSF contributions could be recovered under summary procedure.
Again, the amendments introduce the 14-day rule in the application and grant of stay of execution of decrees. This rule was provided for already under the Court of Appeal Rules, rule 11(4) but missing under Order XXI Rule 26 of the code. The effect is to introduce time limitation within which a party may file an application for stay of execution.
