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“law and justice in tanzania”:a quarter of century of the court of appeal.

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Sep 25, 2010.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    Sep 25, 2010
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    (The Book reviewed by Rutashubanyuma Nestory.)

    The latest book release by Legal and Human Rights Centre-LHRC is an anthology from sixteen contributors sharing their thoughts on a quarter of a century of the existence of the Court of Appeal of Tanzania. The Court of Appeal of Tanzania was born in 1979 following the demise of the then East African Court of Appeal. The book is in five parts consisting of sixteen chapters. The first part glances at what the law is and what it should be while the second part reviews the essence and the significance of the Court of Appeal. The third part peers on the contribution of the Court of Appeal in furthering of jurisprudence in Tanzania. The fourth part glimpses at the challenges and solutions the court of Appeal faces including the relevance of the East African Court of justice in the maintenance and safeguarding of law and human rights. The fifth part analyses judicial admission and the conduct. In his foreword, the immediate Chief Justice Samatta acknowledged the highest Court of the land was working under very trying circumstances. In the introduction, the editors of the Book Prof. Chris Maina Peter and Helen Kijo-Bisimba provided a concise summary of the book. The first part of the book has four contributors. The then Chief Justice Samatta highlighted the tenuous task the Court was doing in striking a fair balance between the needs of the ruled and the rulers. The then President Mkapa urged the judiciary to arrest the challenges of judicial access, backlog of cases and corruption while promising state help. The Zanzibar President Karume dwelt on judicial impartiality and globalization threats to the environment. Hon. Bakari Mwapachu reminded the importance of co-operation between the judiciary and the executive. Part two, has four contributors reviewing the statutory provision and the rules governing the establishment of the Court. Prof. Read detailed an analysis of the early systems of appeal citing Zanzibar, Bombay and appeals from the Eastern Africa Court of Appeal and then on to the Privy Council in England. Justice Mfalila warned against the negative attitude of both the executive and the legislature towards the judiciary in Tanzania. Justice Lubuva recommended the creation of “the supreme Court of Tanzania” in the lines of Ghanaian/Ugandan sorts. Advocate Ngalo evaluated the Rules of the Court of Appeal exposing the fact that the blindly copying of the Rules from the then East African Court of Appeal largely explains inherent ambiguities and unrealistic provisions from those demanding strict compliance. Part three, comprises three contributors examining how the Court of Appeal has dealt with cases of customary Law, Insolvency Law and the evolution of the Court’s jurisprudence. Prof. Fimbo evaluated the techniques used by the Court to determine the applicable customary Law and the delimitation of application of customary tenure. He decried the tendency of the Court to rely heavily on writers’ opinions, which conflict with concomitant provisions of the law. Justice Nsekela reviewed the practice of the Court in balancing the rights of individuals versus the interests of the state. Dr. Nguluma recommended the commercial Division within the Court of Appeal to keep up the expeditious resolution momentum of the commercial disputes envisioned in the creation of the Commercial Division in the High Court. Part four, is the work of three contributors offering comparative aspects and evaluation of the work of the Court of Appeal. Prof. Binchy heavily borrowed the rich experiences of both the USA and Canada in deciphering alternative disciplinary process paths pertaining to the due process, the standard of proof, the right of appeal and type of sanctions against errant members of judiciary caught in the wrong side of professional ethics. Justice Ramadhan –the now new Chief Justice-revealed the executive has a penchant to ignore Court judgments while the Court was slithering at striking a balance between substantial justice and procedural justice. Prof. Maina identified areas impeding the Court, which include poor and selective law reporting, controversial revision of the laws in 2002, infrastructural bottlenecks and insecurity of tenure of judges on retirement. The fifth and last part comprises two contributors dilating on standards, principles and legal practice. Dr. Jayawickrama reviewed core values contained in the Bangalore Principles. Dr. Mapunda made a case that for East African cross-boarder legal practice to happen harmonization of the standards in training and admission were crucial. At a cost of Tshs 15,000/= a book, it is a bargain worth perusing.
  2. Mapondela

    Mapondela JF-Expert Member

    Sep 27, 2010
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    it should be a good book for scholars. Where can we buy it? Please assist if anybody knows
  3. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

    Sep 27, 2010
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    Ruta, I for one, have not come across the book. Could you share withus the number of such cases that the Court of Appeal has dealt with in those areas?

    CHUAKACHARA JF-Expert Member

    Jun 2, 2016
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    Nataka kimoja nitapataje, I will pay of course!
  5. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    Jun 4, 2016
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    Mbona karibu bookshops zote kinauzwa?