Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Court of Appeal of Tanzania (CAT) and the development of the law of torts
Author:Wambali, M.K.B.ISNI
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
supreme courts
Tanzania. Court of Appeal
Civil liability
Abstract:Bearing in mind the peculiar characteristics of tortious liability, and the fact that tort law in Tanzania is received law, the role of the Court of Appeal of Tanzania in developing norms of tortious liability consonant with local Tanzanian circumstances cannot be overemphasized. The author argues that the Court of Appeal should have the will and initiative to take every opportunity to perform this task. In Athuman Khalfan v. P.M. Jonathan (1980), the Court of Appeal of Tanzania was given an opportunity to determine the question relating to the award of exemplary damages but refrained from doing so. In the case of Kihanira Kulunge Kibaya v. United Africa Company Tanzania Ltd. (1987), on the other hand, the opportunity for developing the law of tortious liability was slim but the Court, having the necessary will and initiative, made a historical breakthrough by recognizing the existence of the tort of wrongful termination of employment in Tanzanian law. Note, ref.