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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Application of law in Tanzania: a 'proper remedy' approach to some problems of legal pluralism
Author:Sawyerr, AkilagpaISNI
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
Abstract:Tanzania has not attempted to unify substantive law as have some countries with a similar problem, but has allowed the operation of a multiplicity of laws within distinct groups of its inhabitants. In these circumstances the question arises as to how is to be determined which of the possible applicable laws should be applied in any given situation. This question was dealt with in colonial times by a set of legislative provisions governing the jurisdiction of the different courts and setting out the laws to be administered by them. Beginning in 1963 more detailed provision has been made for determining when customary law in particular is applicable. An examination shows, however, that judicial practice does not always square with the statutory schemes. The two approaches, statutory and judicial, are treated separately. Sections: Introduction - Statutory schemes (before 1964, after 1964) - Judicial practice - Conclusion and recommendations. Notes.