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VOL. 9, ISSUE 6 (2023)
Role of court of appeal of Tanzania in dispensing justice and its adherence to legal technicalities
Authors
Saumu Mohamed Kihiyo, Yahya Khamis Hamad
Abstract
Human beings in their
co-existence in groups called societies have conflicting interests. Due to
those conflicting interests and their resultant disputes, human societies have
formed institutions to adjudicate upon disputes that are bound to occur. Those
adjudicatory institutions are called courts, tribunals, councils and so forth.
Their main 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 paper is concerned
with the way the Court of Appeal of Tanzania has been deciding cases. The Court
has been blamed for being technical, 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 by not go to
the merit of the case where by the pay too much attention on legal
technicalities.
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Pages:131-134
How to cite this article:
Saumu Mohamed Kihiyo, Yahya Khamis Hamad "Role of court of appeal of Tanzania in dispensing justice and its adherence to legal technicalities". International Journal of Law, Vol 9, Issue 6, 2023, Pages 131-134
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