CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND . MISCELLANEOUS PROVISIONS) ACT AG O [PRINCIPAL LEGISLATION] f on o Arrangement of Sections iss i erm t p Section Title ou ith part i d we PRELIMINARY PROVISIONS ut str ib 1. Short title and application. i r d 2. Interpretation. ed o du c part ii ro ep FATAL ACCIDENTSe r y b 3. Action maintainable when death caused by wm arongful act. 4. Action to be for benefit of dependants. k bo o 5. Payment into court. thi s 6. Plaintiff to deliver particulars. of t 7. Exclusion of payment by insu rpear rs in assessment of damages. 8. Damages may be awarded iNno respect of funeral expenses. ed . se rv re part iii htsS URVIVAL OF CAUSES OF ACTION ig 9. Effect of deAallt rh on certain causes of action. ia. n nz a part iv a f T JOINT TORTFEASORS o 10e. n t Proceedings against, and contribution between, joint and rnm several tortfeasors. e ov 5 G2 part v 0 ©2 CONTRIBUTORY NEGLIGENCE 11. Apportionment of liability in case of contributory negligence. 12. Provisions as to workers and employers. 593 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] part vi ABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT AND MISCELLANEOUS PROVISIONS 13. Common employment. 14. Criminal liability unaffected. G. 15. Omitted. A f O 16. Disapplication of United Kingdom Acts and saving. n o siois part vii erm MANDAMUS, PROHIBITION AND CERTIORARI p ou t h 17. Orders of mandamus, prohibition and certiorari substituted for writs. t d w i 18. Attorney General to be summoned as party. te bu 19. Suit against President, Speaker or Chief Justice. i dis tr 20. Rules of Court. r ed o c part viii u pro d APPLICATION OF AC e Tre 21. Omitted. b may oo k b f th is art o o p d. N rve se re htsig ll r ia. A za n n Ta nt of e ern m ov 5 G 02 ©2 594 CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND G. MISCELLANEOUS PROVISIONS) ACT A of O ion An Act to effect miscellaneous reforms in the law relating to civil acti ss moins and for related matters. r t p e [13th ou i thMay, 1955] R.L. Cap. 360 w Ord. No. 6 of 1955 ted Acts Nos. u 5 of 1968 ist rib 5 of 1971 or d 10 of 1971 d 27 of 1991 ce 6 of 2020 rod u p e r e ay b oPk o Am RT I PRELIMhiIs b t NARY PROVISIONS rt o f a Short title and 1.–(1) This Act mo apy be cited as the Law Reform (Fatal Accidents application and Miscellaende . Nous Provisions) Act. (2) Thisse r vAct shall bind the Republic, but as regards the Republ re tisc ’s liability in tort shall not bind the Republic further than igh ll r the Republic is made liable in tort by the Government Cap. 5 P A nia .r oceedings Act. nz a Interpretatio a f nT 2. In this Act, unless the context otherwise requires- Act No. t o 5 of 197e1n Sch. “damage” includes loss of life or personal injury; rnm “dependant” means the wife or, where the marriage was e Gov a polygamous marriage, each of the wives, husband, 25 0 father, mother, grandfather, grandmother, stepfather, ©2 stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, and includes an infant child whom the deceased had accepted as a member of his family and every other person who is, on the death of the deceased, 595 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] entitled to succeed to his property, otherwise than under a will, in accordance with the law of succession applicable to the estate of the deceased, and a person shall be deemed to be the father or mother or son or daughter of . the deceased notwithstanding that he or she was related G OA to him illegitimately or in consequence of adoption of according to law; ion iss “personal injury” includes any disease and any impairmermp ent of a person’s physical or mental condition a t onu d the expression “injured” shall be construed accordwiint hgly; d “wrongful act” means any negligence, breacbhu t eof statutory duty or other act or omission which give i dsis trr ise to a liability in tort. or ce d du PART IeIpr o r FATAL AC CbeIDENTS ay k m Action 3. Where the death of any b op oerson is caused by the wrongful act maintainable is when death of any person and thef t hwrongful act is such as would, if death caused by had not ensued, haartv oe entitled the person injured thereby to wrongful act maintain an ac tNio pn to recover damages in respect thereof, the person whov ewd .ould have been liable if death had not ensued shall be relsi earble to an action for damages, notwithstanding the dehatst h of the person injured, and although the death was g cauAlsl rei d under such circumstances as would amount in law to a ciar. n iminal offence. a an z Action to b T oef 4.–(1) Every action brought under the provisions of this Part for benenfitt of dependeants shall be for the benefit of the dependants of the person whose rnmAcet No. death has been so caused, and shall be brought either by and Go1v0 of 1971 Sch. in the name of the executor or administrator of the person 25 20 deceased or by and in the name or names of all or any of the © dependants, if more than one, of the person deceased. (2) In every such action the court may give such damages as it may think proportionate to the injury resulting from such death to the parties respectively for whom and for whose 596 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] benefit such action is brought, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the aforesaid parties in such shares as the court shall find and direct: . Provided that, not more than one action shall lie for and in AG O respect of the same subject matter of complaint. of ion ss Payment into 5. Notwithstanding the provisions of section 4, it shaelrlm ibe court sufficient, when the defendant pays money into court tpou , that he pays it as compensation in one sum to all perso it wnsh entitled under section 4 to damages for his wrongfuul tea dct, without specifying the shares into which it is to be div ib iisdtred by the court, and where the said sum is not accepted, a onr dd an issue is taken by the plaintiff as to its sufficiency, anud d ce the court shall think the same sufficient, the defendant sharoldp l be entitled to judgment on that issue. e e r ay b Plaintiff to deliver 6. In every action brought uokn mder the provisions of this Part, the particulars plaintiff shall deliver to itsh be o defendant or his advocate, together with the plaint, full opf th articulars of the person or persons for t whom and on wh r poase behalf such action is brought, and of the nature of the c o d.l Naim in respect of which damages are sought to be recovereerdv e. re s Exclusion of 7. Thiegh c tsourt in assessing damages in any action brought under payment by insurers in the ll r A provisions of this Part shall not take into account any assessment of nsia . a um paid or payable on the death of the deceased under any damages an z T contract of insurance or assurance. t o f Damamge ns may 8. Damages may be awarded in respect of the funeral expenses bee arwn arded in revspect of funeral of the deceased person where such expenses have been o 5 Gexpenses incurred by the parties for whose benefit the action is brought. 20 2 © 597 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] PART III SURVIVAL OF CAUSES OF ACTION Effect of death on 9.–(1) Subject to the provisions of this section, on the death of . certain causes of action any person after the commencement of this Act, all causes of G f O A action subsisting against or vested in him shall survive against, n oo or, as the case may be, for the benefit of his estate: iss i Provided that, this subsection shall not apply to causerm p s of t action for defamation or seduction or for inducing ontheo u spouse to leave or remain apart from the other or to claims i df owr damages on the ground of adultery. ute rib (2) Where a cause of action survives d isa t s aforesaid for r the benefit of the estate of a deceased dp oe erson, the damages recoverable for the benefit of the estaotde u cof that person- (a) shall not include any exem rp r eplary damages; (b) in the case of a breach boey f promise to marry, shall be limited to such damk ma age, if any, to the estate of that person as flows f r o bom the breach of promise to marry; and is f th (c) where the d o aret ath of that person has been caused by the wrongfulo p N act which gives rise to the cause of action, shal d. rlv be e calculated without reference to any loss or gain tore sh eis estate consequent on his death, except that a sum ts gh i n respect of funeral expenses may be included. A(ll3 ri) Proceedings shall not be maintainable in respect of naia .cause of action in tort which by virtue of this section has a an z survived against the estate of a deceased person unless either- of T t (a) proceedings against him in respect of that cause of enm action were pending at the date of his death; or ve rn (b) proceedings are taken in respect thereof not later than 5 G o six months after his executor or administrator took out 02 ©2 representation. (4) Where damage has been suffered by reason of any wrongful act in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting 598 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] against him before his death such cause of action in respect of that wrongful act as would have subsisted if he had died after the damage was suffered. (5) The rights conferred by this Part for the benefit of the . estate of deceased persons shall be in addition to and not G OA in derogation of any rights conferred on the dependants of of n deceased persons by Part II and so much of this Part as relatisess io to causes of action against the estates of deceased personsp es rhmall apply in relation to causes of action under Part II as it t o uapplied in relation to other causes of action not expressl th wyi excepted d from the operation of subsection (1) of this secbtuio ten. (6) In the event of the insolvency of an es tri dtisate against which proceedings are maintainable by virtued o rf this section, any liability in respect of the cause of acti e duo cn in relation to which the proceedings are maintainable sehp raoll be deemed to be a debt provable in the administration r boef the estate, notwithstanding that it is a demand in the mn aayture of unliquidated damages arising otherwise than b k byo o a contract, promise or breach of trust. is f th rt o o p a PART IV d. N rve JOINT TORTFEASORS sere Proceedings 10.–(1h)ts Where damage is suffered by any person as a result of against, and rig contribution a tAollrt whether a crime or not- between, joint . nia (a) judgment recovered against any tortfeasor liable in and several za tortfeasors an respect of that damage shall not be a bar to an action of T t against any other person who would, if sued, have enm been liable as a joint tortfeasor in respect of the same rn ve damage; 5 G o (b) where more than one action is brought in respect of 02 ©2 that damage by and on behalf of the person by whom it was suffered, or for the benefit of the estate, or of a dependant of that person, against tortfeasors liable in respect of the damage whether as joint tortfeasors or otherwise the sums recoverable under the judgment given in those actions by way of damages shall not in the 599 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] aggregate exceed the amount of the damages awarded by the judgment first given, and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court . is of opinion that there was reasonable ground for OAG bringing the action; n o f (c) any tortfeasor liable in respect of that damage miassy io recover contribution from any other tortfeasorp ew rmho is, or would, if sued, have been, liable in re t osupect of the same damage whether as a joint to rwti tfheasor or d otherwise, so, however, that no person sbhu taell be entitled to recover contribution under this dsise trci tion from any person entitled to be indemnifiedd o r by him in respect of the liability in respect of wh e du cich the contribution is sought. ro ep (2) In any proceedings f boer r contribution under this section, the amount of the y m acontribution recoverable from any person shall be such ok b oas may be found by the court to be just and equitable havtihnis g regard to the extent of that person’s responsibility for th f rt eo damage and the court shall have power to exempt any poe pr ason from liability to make contribution, or to direct thate t N dh. e contribution to be recovered from any person shall amouenrvs t to a complete indemnity. e (3) hThts re reference in this section to “the judgment first given” shal lr,igll in a case where that judgment is reversed on appeal, be ciao. Anstrued as a reference to the judgment first given which za n n is not so reversed and, in a case where a judgment is varied Ta of on appeal, be construed as a reference to that judgment as so t en varied. ern m Gov PART V 250 ©2 CONTRIBUTORY NEGLIGENCE Apportionment 11.–(1) Where any person suffers damage as the result partly of liability in case of contributory of his own wrongful act and partly of the wrongful act of any negligence other person, a claim in respect of that damage shall not be 600 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] defeated by reason of the wrongful act of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for . the damage: OAG Provided that- n o f (a) this subsection shall not operate to defeat any defeniscse io arising under a contract; ermp (b) where any contract or enactment providingo uf to r the limitation of liability is applicable to the citlh w aim, the d amount of damages recoverable by th te beu claimant by virtue of this subsection shall not exceisetrd di the maximum limit so applicable. d o r (2) Where damages are recoverabled ub cey any person by virtue of subsection (1) of this section sub ro epject to such reduction as is therein mentioned, the court sh ablel rfind out and record the total damages which would have mb aeyen recoverable if the claimant had not been at fault. oo k b (3) The provisions is othf Part IV shall apply in any case where two or more person f rt so are liable or would, if they had all been sued, be liable boy p avirtue of subsection (1) of this section in respect of theed d . Namage suffered by any person. (4) Wh rv sere any person dies as the result partly of his own e wronghftus rl act and partly of the wrongful act of any other person, and g ll rai ccordingly if an action were brought for the benefit of tah. i eA estate under Part III, the damages recoverable would be an nz reduced under subsection (1), any damages recoverable in an of Ta action brought for the benefit of the dependants of that person en t under Part II shall be reduced to a proportionate extent. rnme (5) Where, in any case to which subsection (1) of this ov G section applies, one of the persons at fault avoids liability to any 25 20 other such person or his executor or administrator by reason © of any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or executor or administrator by virtue of the said subsection. 601 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] (6) For the purposes of this section “wrongful act” includes any act or omission which would, apart from this section, give rise to the defence of contributory negligence. . Provisions as 12.–(1) Where, within the time limited for the taking of to workers and OAG f employers proceedings under the Workers’ Compensation Act, hereinafter o Cap. 263 in this section referred to as the Act, an action is brought stsoi o n recover damages independently of the Act in respect oerfm ian injury or disease giving rise to a claim for compensation p ou t under the Act, and it is determined in that action that- ith w (a) damages are recoverable independentluyte dof the Act subject to such reduction as is mentioinster ibd in subsection (1) of section 11 of this Act; and d or (b) the employer would have ucbe deen liable to pay compensation under the Acpt,ro d subsection (2) of section 25 of e be rthe Act which enables the court, on the dismissal of yn ma action to recover damages independently of the Act,o ot ko assess and award compensation under the Act shall aphpis lby in all respects as if the action had t been dismissed and o,f rt where the claimant chooses to have compensation aos spe assed and awarded in accordance with the said subsectiod.n N (2), damages shall not be recoverable in the said actione.rv e s (2) We ts r here a worker or his executor or administrator or depe ring h l dant has recovered compensation under the Act, in Al riae. spect of an injury caused under circumstances which would za ngive a right to recover reduced damages in respect thereof by n f T a virtue of section 11 of this Act from some person other than the o en t employer hereinafter referred to as “the third party”, any right m ern conferred by section 24 of the Act, on the person by whom ov G the compensation was paid, or on any person called on to pay 250 an indemnity under section 23 of the Act, to be indemnified ©2 by the third party shall be limited to a right to be indemnified in respect of such part only of the sum paid or payable by the said person as bears to the total sum so paid or payable the same proportion as the said reduced damages bear to the total 602 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] damages which would have been recoverable if the worker had not been at fault. (3) For the purposes of this section “employer” and “worker” have the same meaning as in the Act. . AG PART VI O n o f o ABOLITION OF THE DOCTRINE i miss OF COMMON EMPLOYMENT AND r t p e MISCELLANEOUS PROVISIONS ou with ed Common 13.–(1) It shall not be a defence to an employribe urt who is sued employment t in respect of personal injuries caused by th ed isr wrongful act of a person employed by him that, that persoedn o was, at the time the injuries were caused, in common emp c odl uoyment with the person injured. pr re (2) Any provision contain ebey d in a contract of service or apprenticeship, or in amnak agreement collateral thereto including a contract osr b oaogreement entered into before the commencement of th i f itsh Act shall be void in so far as it would o have the effect opfa ret xcluding or limiting any liability of the employer in re. sNp o ect of personal injuries caused to the person employed o d rvre apprenticed by the wrongful act of persons in common e re e smployment with him. hts Criminal liability 14A. llTh rig is Act shall not affect any criminal proceedings against unaffected naian . y person in respect of any wrongful act. nz a a Omitted of T 15. [Omitted.] nt e Disranpmplication of 16. For the avoidance of doubt it is hereby declared that the oUvn eited Kingdom 5 GActs and saving Fatal Accidents Acts, 1846 to 1908, of the United Kingdom, 02 27 and 28 shall no longer apply to Tanzania: ©2 Vict., c. 958 Provided that, any right or liability accrued or incurred Edw. 7, thereunder shall be deemed to have accrued or been incurred c. 7 under Part II of this Act as if this Act had been in force on the 603 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] date when such right or liability so accrued or was incurred and any remedy or legal process in respect thereof may be instituted, continued or enforced accordingly. . PART VII G O A MANDAMUS, PROHIBITION AND CERTIORARI of sio n is Orders of 17.–(1) The High Court shall not, whether in the exercise rm p eof its mandamus, prohibition civil or criminal jurisdiction, issue any of the prerogathti t ovue writs i and certiorari of mandamus, prohibition or certiorari. w substituted for d writs (2) In any case where the High Court ibwu toeuld but for r Act No. subsection (1) have had jurisdiction to orddis t er the issue of a 55 of 1968 writ of mandamus requiring any act to r e db oe done or a writ of prohibition prohibiting any proceedindgu cs or matter, or a writ of o certiorari removing any proceedinregp rs or matter into the High Court for any purpose, the Couyr bt e may make an order requiring the act to be done or prohib a ki mting or removing the proceedings or matter, as the case ma ybo b oe. (3) Return shall nothtisf be made to any such order and no pleadings in prohiabrti otion shall be allowed, but the order shall be final, subjec tN ot op the right of appeal therefrom conferred by subsection (v5e)d. . (4) In er r easny written law, references to any writ of mandamus, prohibhitst ion or certiorari shall be construed as references to the g coArlrl erisponding order and references to the issue or award of aan. ni y such writ shall be construed as references to the making of a an z the corresponding order. f T t o (5) A person aggrieved by an order made under this section enm may appeal therefrom to the Court of Appeal. ernv G oAttorney General 18.–(1) Where leave for application for an order of mandamus, 02 5 to be summoned 2 as party prohibition or certiorari is sought in any civil matter against the © Act No. Government, the court shall order that the Attorney General 27 of 1991 be summoned to appear as a party to those proceedings; save that where the Attorney General does not appear before the court on the date specified in the summons, the court may direct that the application be heard ex parte. 604 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] (2) In any proceedings involving the interpretation of the Constitution with regard to the basic freedoms, rights and duties specified in Part III of Chapter I of the Constitution, no hearing shall be commenced or continued unless the . Attorney General or his representative designated by him AG O for that purpose is summoned to appear as a party to those of n proceedings, save that where the Attorney General or hisiss io designated representative does not appear before the Couper rtm on the date specified in the summons, the court may direutc o t that the hearing be commenced or continued, as the ca wsi teh may be, d ex parte. uteb (3) For the purposes of this section the ter i dism tr “Government” includes a public officer and any office di no r the service of the United Republic established by or unddue cre any written law. pro [s. 17A] e r e b Suit against 19. Notwithstanding any provayisions to the contrary, leave of President, k m Speaker or Chief application for orders undoeor section 18 or any other suit under Justice this Act for any act or omhisi sbsion by the President, Vice-President, Act No. t 6 of 2020 s. 37 Prime Minister, Sperta ok f er, Deputy Speaker or Chief Justice shall be sought or broou pg aht against the Attorney General. d. N [s. 18A] erv e Rules of Court 20.–(1)s Th r ese Chief Justice may make rules of Court prescribing the p rirohtg cedure and the fees payable or documents to be filed or issAull. ed in cases where an order referred to in subsection (2) of nsiaza ection 17 is sought. an T (2) Subject to the provisions of subsection (3), rules made t o f n under subsection (1) of this section may prescribe that me rn applications for an order under section 17 shall, in specified ov e proceedings, be made within six months or such shorter 5 G 02 period as may be prescribed after the act or omission to which ©2 the application for leave relates. (3) In the case of an application for an order to remove any judgment, order, decree, conviction or other proceeding for the purpose of its being quashed, leave shall not be granted unless the application for leave is made not later than six months after 605 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [CAP. 310 R.E. 2023] the date of the proceeding or such shorter period as may be prescribed under any Act, and where the proceeding is subject to appeal, and a time is limited by law for the bringing of the appeal, the Court or judge may adjourn the application for . leave until the appeal is determined or the time for appealing AG O has expired. of n [s. 1is9s] io ermp PART VIII ut tho APPLICATION OF ACT i d w ibu te r Omitted 21. [Reproduced as s. 1(2)]. di st or ce d [s. 20] du ep ro be r may ok is bo f th rt o pa . N o ed se rv e hts r l ri g A l ia. an an z of T nte ern m ov 25 G 20© 606