University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Subject "Administration of Justice and politics"

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    The court of appeal of Tanzania: its positivistic policy and justice
    (University of Dar es Salaam, 2007) Ramadhani, Idd
    Human beings in their co-existence in groups called societies have conflicting interest. Due to those conflicting interests and their resultant disputes, human societies have formed institutions to adjudicate upon disputes that arc bound to occur, (hose adjudicatory institutions are called courts, tribunals, councils and so forth. Their chief function is to administer justice in line with the expectations of the members of a particular society. Those expectations are controlled by customs, material conditions and shared values. Thus, when courts or similar institutions decide disputes contrary to such expectations, “injustice” or “failure of justice” are said to have been occasioned. This work is concerned with the way the Court of Appeal of Tanzania has been deciding cases. The Court has been blamed for being positivistic, that is, it has been strict in requiring compliance with procedural rules even if that would result in injustice. In short, the Court is blamed for not doing justice to the parties. Chapter one comprises the introduction to the problem under inquiry with conventional components like background to the problem, statement of the problem, literature review, hypotheses, and research methodology. Chapter two highlights the jurisprudential concepts such as “justice” and “positivism” and their implications in the adjudication of disputes. Chapter three provides an analysis of the way the other highest courts administer justice. Chapter four describes the Court of Appeal and its powers, and more importantly demonstrates how the Court has adopted a positivistic policy, and the reasons for as well as the effects of that policy. The last chapter, that is, chapter five, contains the conclusion and recommendations.