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| Title: | Reflections on stare decisis in the Court of Appeal of the United Republic of Tanzania |
| Authors: | Mapunda, A.M. Mukoyogo, M.C. Nguluma, A.T. |
| Year: | 1989 |
| Periodical: | Eastern Africa Law Review (ISSN 0012-8678) |
| Volume: | 16 |
| Issue: | 2 |
| Period: | December |
| Pages: | 1-23 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Tanzania East Africa |
| Subjects: | jurisprudence supreme courts law Stare decisis Tanzania. Court of Appeal Legal decisions |
| Abstract: | An analysis of Tanzania's legal system clearly suggests that the application of the concept of 'stare decisis' (i.e. each court in the judicial hierarchy is bound by the principles established by prior decisions of courts above it) in the Court of Appeal and courts subordinate thereto is both convenient and unavoidable. The Court of Appeal of Tanzania is a successor in function to the Court of Appeal for East Africa. The main difference between the two courts is that the Court of Appeal of Tanzania, as a final court of appeal, can hear and determine cases involving constitutional matters. The fact that part of the applicable law is received law makes it possible for the Court to be influenced by decisions of courts in England. Smooth application of the doctrine of 'stare decisis' depends on the availability of decided cases through Law Reports. In Tanzania law reporting is inadequate. Law reporting would be enhanced by providing the necessary manpower, through closer cooperation between the editorial board and members of the Bar, the Bench and the Law Faculty, and by providing facilities for printing as well as sufficient funds. Notes, ref. |