The nature of the judicial process in the post independence era in Tanzania: an analysis on the role of court of appeal of Tanzania
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Date
1987
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Publisher
University of Dar es Salaam
Abstract
This dissertation tries to make an examination of the judicial process in Tanzania by looking at the operation of the Court of Appeal of Tanzania. Basically the study seeks to identify the parameters upon which the Court of Appeal of Tanzania may best function to serve the people. This is necessitated by three factors. First that this court is at the apex of the judicial hierarchy of this country and therefore is in a position to direct and speak authoritatively on anything regarding judicial matters and policy, and on development of the law in Tanzania generally. Second that the Court of Appeal of Tanzania is a creation of the Tanzania state and contrary to its predecessors, this court is manned by nationals. This factor has an influence on the role that the Court of Appeal of Tanzania is expected to play in the country. Third that the Court of Appeal of Tanzania is operating in a post independence period where the country has already set its goals towards building an egalitarian society based on the policy of socialism and self reliance. The crucial point however is that this court has to operate for the attainment and protection of these goals by the use of inherited colonial infrastructure including colonial laws; How does the Court overcome this limitation becomes important to know. The study builds up its arguments by looking at the background history of judicial system of this country and later by examining the forces and process leading to the formation of the Court of Appeal of Tanzania. The general argument advanced in the dissertation is that the Court of Appeal cannot operate in isolation. Its performance must be dictated by the needs and objectives of the society. Without this the court is bound to face some limitations. At another level a smooth operation of the Court of Appeal requires the co-operation of the executive and paramontancy and respect for rule of law. To highlight the above the study defines the general problems and concepts surrounding judicial process in Chapter One. Then Chapter Two deals with the operation of the Tanzania legal system historically. In Chapter Three the Court of Appeal of Tanzania itself is studied while Chapter Four examines the problems affecting the judicial process. Chapter Five recapitulates the general arguments of the dissertation and gives some concluding remarks.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark(THS EAF KRD.N46)
Keywords
Appellate procedure, Judicial process, Tanzania
Citation
Ngonyani, G.J (1987) The nature of the judicial process in the post independence era in Tanzania: an analysis on the role of court of appeal of Tanzania, Master dissertation, University of Dar es Salaam. Dar es Salaam