The doctrine of precedent in the high court of Tanzania: the case of conflicting decisions

The legal system of Tanzania Main land is based on the Anglo- Saxon common law which attaches high regard to the doctrine of precedent. As such the doctrine is part and parcel of the legal system of Tanzania. The application of the doctrine by the High Court judges however, needs to be revisited because the approach of the judges of the High Court and that of the Court of Appeal is not harmonious. While the Court of Appeal has consistently insisted that the High Court should seldom depart from or disregard its previous decisions, this has not been the case. Most judges of the High Court has demonstrated an unwilling trend of following previous decisions of their fellow judges without even, in some cases, stating the basis for so doing. Consequently, this has resulted into so many conflicting decisions. Some factors affecting actual realization of the doctrine include the role of the Faculty of Law of the University of Dar es Salaam, the common law legacy, consequently, development and Law Reports and their reporting in Tanzania. This study submits that such a trend is not healthy for the law to be in. recommendations on how to overcome challenges like delayed reporting, personalities of the judges, advocates and reluctance for further appeal are discussed in the last chapter. Although it is undesirable to apply the doctrine mechanically or blindly, yet sufficient reasons ought to be given when a judge departs from an existing legal principle enunciated by a fellow judge. This is necessary on the principle of judicial comity in order to maintain certainty, consistency and efficiency in the administration of justice in accordance with the law.