Assessing Procedural Rigidities and Suit Abatement in Tanzania: Lessons from Indian Civil Justice

Abstract

This article assesses the procedural rigidities surrounding suit abatement in Tanzanian civil litigation where a party dies during the pendency of civil proceedings. Under the Civil Procedure Code, the suit abates if no legal representative is appointed within ninety days, while the Tanzania Court of Appeal Rules offer a more flexible twelve-month period for substitution of a legal representative. The Civil Procedure Code gives a shorter period for the legal representative to be joined, which at times amounts to a denial of access to justice. In both laws, courts lack the discretionary power to appoint an administrator general where no legal representative is appointed. This omission leaves surviving litigants without redress despite having valid claims or a defence. Guided by access to justice theory and using a doctrinal methodology, the article argues that procedural rules should promote justice. Lessons from Indian civil procedure support the need for reform in Tanzania.