The Court of Appeal of Tanzania (CAT) and the development of the law of torts

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Periodical article

Title:	The Court of Appeal of Tanzania (CAT) and the development of the law of torts
Author:	Wambali, M.K.B.
Year:	1989
Periodical:	Eastern Africa Law Review (ISSN 0012-8678)
Volume:	16
Issue:	2
Period:	December
Pages:	213-228
Language:	English
Notes:	biblio. refs.
Geographic terms:	Tanzania East Africa
Subjects:	torts supreme courts law 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.