Browsing by Author "Kamanija, Lucas Charles"

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    The application and effectiveness of the doctrine of checks and balances in Tanzania
    (Unversity of Dar es Salaam, 2015) Kamanija, Lucas Charles
    This thesis analyses whether or not the doctrine of checks and balances has been and can be effectively applied by the tripartite co-equal organs of state in Tanzania inter se (that is, the Legislature, the Executive and the Judiciary) to prevent abuses or excesses in the exercise of state power, without violating the principle of separation of powers. The qualitative approach was adopted in analysing the data collected from documentary reviews, interviews, observations and the internet. Generally, the thesis has established that despite its ineffectiveness in some instances, the doctrine of checks and balances has been and can be effectively applied to prevent abuses or excesses in the exercise of state power among the three organs of state in Tanzania without violating the principle of separation of powers. Specifically, the thesis has established the following. First, that although there have been instances of effectiveness in the application of the doctrine of checks and balances in Tanzania, there have also been instances where the doctrine has not been effectively applied due to the failure of the organs of state to grasp the extent and limits of their respective ancillary and core powers, and sometimes due to their failure to grasp fully the need to respect the doctrine when checking one another. Second, that all organs of state are equal and none is superior to the other. Thus, where all tripartite organs of state fail to resolve a particular issue, then that issue can only be resolved by the sovereign power of the people in a referendum; the people being the highest nation’s authority. At the end, the study recommends on how to enhance the principle of separation of powers and its intended doctrine of checks and balances in Tanzania.
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    The interpretation of the law relating to passing of property, risk and frustration in domestic sale of goods transactions in Tanzania mainland.
    (University of Dar es Salaam, 2004) Kamanija, Lucas Charles
    This study is an attempt to provide a clear and straightforward interpretation of the law relating to passing of property, risk and frustration in domestic sale of goods transactions in Tanzania mainland as contained in the Sale of Goods Ordinance of 1931, Cap. 214 hereinafter referred to as "the SOGO". The following hypotheses are being proposed for the purposes of this study: (i) that the SOGO contains sufficient provisions for purposes of passing of property, risk and frustration; (ii) that unless these provisions are well interpreted and understood the technicalities inherent in them can cause great difficulties or problems to the sellers and buyers of goods. Chapter one interprets the basic definitions and concepts that are relevant to the understanding of the law of sale generally and to the law relating to passing of property, risk and frustration in particular. Chapter two interprets the law relating to passing of property, which is central to the law of sale of goods. It is observed that a contract of sale is made in order to transfer ownership from the seller to the buyer. Chapter three interprets the law relating to risk together with the related questions of frustration and impossibility of performance of contract of sale. It is observed that the rules relating to risk decide which of the parties to the contract will bear the loss should the goods be accidentally damaged or destroyed. The chapter also interprets the rules relating to frustration of contracts of sale, which are closely connected to the rules concerning passing of risk. Then the fourth chapter gives the conclusion and relevant recommendations.