Application of criminal procedure act, cap, 20 in primary courts 62. Appeal from the judgment of the high court of tanzania at tabora mgonya, j. Tanzania court of appeal rules or any other law for the time being in force. Enacted by the parliament of the united republic of tanzania. Library research facilities the high court, commercial division library is equipped with research facilities such as books, law reports, updated legislation, judgment, rulings, journals and an online public access catalogue opac for the use. Criminal law and procedure in tanzania prepared by majura ibrahim w. Arrest, escape and recapture and search warrants and seizure a preliminary 5. At present, 37% of girls in tanzania are married before the age of 18. There are 15 justices of appeal who hear appeals from the lower courts. Tanzania evidence act tea after realizing that in the fight against corruption, the existing law against corruption the prevention and combating of corruption act2 cannot thrive without procedural laws evidence law being one of them being overhauled or substantially amended to reflect the current societys needs and realities. Law reports of tanzania issn 03770885 issn 10289186. It is from the above premise that the law reform commission of tanzania undertook the study, the subject of this report sometime in 1993. Juvenile court may dispose of all cases other than homicide. Local inheritance laws apply to foreigners with assets in tanzania.
The respondent was charged and convicted of rape and assault. Formulation of charge sheet or complaints although a magistrate has a duty to see the charge is correct, the responsibility of correctness of a charge. The point of departure for discussion is the tanzania evidence act, cap 6 r. Vision entrusted institution on legal reform in promoting rule of law for societal wellbeing. You will be glad to know that right now the tanzania law reports book pdf is available on our online library. However the senior district magistrate of muleba mr. With our online resources, you can find the tanzania law reports book or just. This act provides with respect to the jurisdiction, powers and functions of magistrates courts and for other related matters. However the trend has changed recently this paper therefore tries to. The act defines jurisdiction proceedings relating to land and in case of customary law. This was an important milestone towards improving practical skills of aspiring lawyers in the country. The first part of this article provides background. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. After the union, both the countries continued to remain with their own legal systems and court structures.
Children may be remanded to the care of a fit person or institu 105. Jurisdiction of the magistrates courts 1 unless otherwise provided by the land act, no magistrate s court established by the magistrates courts act shall have civil jurisdiction in any matter under the land act and the village land act. Application this act shall apply to tanzania zanzibar as well as to mainland tanzania. The tanzania citizenship act an act to consolidate the laws relating to citizenship.
Tanzania this article examines the admissibility of electronic documents by tanzanian courts. Reports for 1980 cover cases decided in the court of appeal of tanzania and the high court of tanzania. Short title this act may be cited as the magistrates courts act. The law of marriage act tanzania 10 years ago admin laws and acts governing the system. In the same vein, the constitution of zanzibar, 1984 re. This act may be cited as the national education act, 1978, and. Nyasha chingore, a lawyer at the southern african litigation centre salc, responded to the high courts decision. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in the gazette, appoint, 2.
Applicability of the rule of law in tz jamiiforums. The highest court of the united republic of tanzania is the court of appeal of the united republic tanzania which is a true union institution in that it has territorial jurisdiction over appeals arising from the high court of tanzania and the high court of zanzibar. The high court of tanzania has jurisdiction over only those issues which arise in tanzania mainland whereas the high court of zanzibar has. High court judgment in tanzania rules age of marriage laws. Enacted by parliament of the united republic of tanzania, title of certain written laws parti preliminary provisions this act may be cited as the written laws miscellaneous amendments act, 20141 2.
Section 9 amended by judicial matters amendment act 24 of 2015. Appeal court of appeal powers of on findings of lower court findings of lower court made on the credibility of witnesses circumstances in which an appellate court may reverse such findings. Local government in mainland tanzania is substantially provided for by the local government district authorities act 1982 and the local government urban authorities act 1982, and in zanzibar by the zanzibar municipal council act 1995 and the district and town councils act 1995. Msuya, and therefore the appellant, as he put it, is a stranger. The court of appeal of the united republic of tanzania.
Court of resident magistrate has the meaning ascribed to it by the. An act to provide for appeals to the court of appeal of the united republic of tanzania. Magistrates courts are primary courts, district courts or courts of a resident magistrate. Nov, 2011 lawyers please help answer the following qnin the ligth of modern formulation of the rule of law,how far is the application of the doctrine of law in tz. The university of dodoma udom prepared by majura the advocatell. In the history of the union of zanzibar and tanganyika, the special constitutional court has never been formed. A judicial officer should dispose of promptly the business of court. The criminal procedure act, 1985 arrangement of sections section title part i preliminary 1. Act as amended applied to the appellant and therefore should be refunded tanzania shs. The united republic of tanzania bill supplement no. The rent restriction act, 1984 arrangement of, section section title part i preliminary 1. Explanation i in this code the term judicial officer shall mean and include any judge and magistrate of any description employed or appointed in the judiciary department of tanzania. Civil jurisdiction of the high court of the united republic of tanzania.
In order to achieve this the judicial officer is requires to devote adequate time to his duties, i. The highest court of the united republic of tanzania is the court of appeal of the united republic tanzania which is a true union institution in that it has territorial jurisdiction over appeals arising from the. Tanzania is a country which was formed by the union of zanzibar and tanganyika in the year 1964. The waiting lounge for advocates and other visitors at the high court of tanzaniacommercial division. A primary court, in proceedings of a civil nature, may order the recovery of possession of. The current act allows girls to marry at the age of fourteen with the consent of the court, and from the age of fifteen with the consent of their parents. The laws applying to inheritance in tanzania arethe magistrate court act, cap 11 5th schedule, the probate and administration of estates act cap 352 pae, the local customary law declaration no. Short title this act may be cited as the tanzania citizenship act. A the appellants were charged in the high court of tanzania, at tabora with the offence of murder contrary to section 196 of the penal.
Criminal appeal no 1815 of 1984 appeal from the conviction of the second class district magistrates court at machakos, d konya esq and the sentence of the senior resident magistrate at machakos, l b ouma esq. Sexual offences special provisions act, 1998 an act to amend several written laws, making special provisions in those laws with regard to sexual and other offences to further safeguard the personal integrity, dignity, liberty and security of women and children. The tanzanian courts for quite a long time have been relying on the common law doctrine of best evidence rule to which the primary evidence in most cases is the written and signed or authenticated documents 1. Where it is made to appear to the power of court court of appeal on an application by one of of appeal to the parties or otherwise that any civil action transfer case to or proceeding instituted in a primary court district court. The court of appeal of the united republic of tanzania was established by article 1171 of the constitution and is the highest court in the judiciary. The marriage act, used by tanzania, mainland attachments. The high court has its headquarters in dar es salaam and is itinerant, holding sessions in the regions. Court established 1 a court called the magistrates court of western australia is established. A digest of cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the executive, the legislature and. Association of local authorities of tanzania zanzibar is a semiautonomous part of tanzania, with its own devolved government and legislature. The united republic of tanzania no 4 of2014 1 assenn president an act to amend certain written laws. Judges of this court are appointed by the chief justice from amongst the judges of the high court. The waiting lounge for advocates and other visitors at the high court of tanzania commercial division.
This act may be cited as the appellate jurisdiction act. The respondent was charged and convicted of rape and assault contrary to sections 140 and 251 of the penal code cap 63. Juma beleko learned advocate for the respondent, submitted that the letter in question were between the respondent and one mr. In november 1993 the commission submitted its initial recommendations to the government on the designated legislations. Magistrates courts act table of contents rules of court. Court hierarchy in tanzania structure of judiciary in. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters i i. The court of appeal is the supreme court and the final appellate court. Jurisdiction of the magistrates courts 1 unless otherwise provided by the land act, no magistrates court established by the magistrates courts act shall have civil jurisdiction in any matter under the land act and the village land act. This act may be cited as the judiciary administration act, 2016. E 2002 tea and case law drawn from tanzania and other common law jurisdictions relevant to the discussion. Republic of tanzania, particularly the pecuniary jurisdiction. Dated the 26th day of march, 2015 in criminal sessions case no.
Application to occupation under certain options and agreements. The code of conduct for judiciary officers of tanzania adopted in 1984 by judges. This act shall apply throughout the united republic. Court hierarchy in tanzania structure of judiciary in tanzania. Appeals and transfer of actions to magistrates courts 51. Criminal law and procedure in tanzania authorstream.
Magistrates courts act 32 of 1944 south african government. The special constitution court in africa is the apex court in the country of tanzania and is a court which is only especially held when there is a dispute between the zanzibar area and the tanzania mainland. The tanzania law reports book pdf the tanzania law reports book pdf are you looking for ebook the tanzania law reports book pdf. Performance ten years after its establishment, vol. The law school of tanzania the school was established by the law school of tanzania act 2007 the act that came into force on 2nd may 2007. The rapid increase of employing it in daily life in tanzania has brought many challenges. Will in tanzania tanzanian will inheritance tax laws. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in.
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