In Tanzanian legal proceedings, the unfortunate event of a party’s death during a case does not mean the end of justice. The law provides clear mechanisms to safeguard the continuity of legal matters.

In Tanzania, the Court can permit the substitution of a Deceased party with their Legal Representatives or estate administrators. This ensures that the case can move forward seamlessly, upholding the rights of all involved and preventing any disruption due to the death of a party.

For instance, if a Plaintiff dies, their legal representative can step in and continue the pursuit of justice. Similarly, should a Defendant pass away, the Plaintiff has the right to substitute the Deceased with their Legal Representative.

This process not only protects the integrity of the legal system but also serves to honor the wishes of the deceased, ensuring that their interests are represented in the ongoing proceedings.

To ensure your legal rights are preserved, it’s crucial to understand that an application for substitution must typically be filed within 90 days following the death of a party involved in a case. This application should be directed to the same Court where the lawsuit is currently pending. Before initiating the application, the applicant must gather the following essential documents:

i.             The death certificate of the Deceased party.

ii.           Letters of administration or probate that establish the Applicant’s authority as a Legal Representative.

It’s important to recognize that failing to file for substitution within this designated timeframe can result in the dismissal of the suit altogether. Specifically, if the Plaintiff passes away without a substitution, the case is deemed dismissed against them. Conversely, if a Defendant dies and no substitution is pursued, proceedings cannot continue against the Deceased.

Should the surviving party wish to contest the dismissal of the suit, they can file an application to set aside the dismissal. This application must convincingly present sufficient reasons for any delay in applying for substitution, demonstrating that the delay was unintentional or due to legitimate obstacles.

Lastly, it’s vital to keep in mind that personal claims particularly those involving defamation or claims intrinsically linked to the individual generally do not survive the death of the party involved. Taking prompt action can safeguard your legal interests and ensure justice is served.