Overriding Objective Principle
March 14, 2021

(Court of Appeal may no longer be a Court of Technicalities. New Mobile and Special Court to be established).

The new Bill, Written Laws (Miscellaneous Amendment Act (No. 3),2018 Bill is about to introduce a new remarkable legal changes in as far as just and timely administration of justice in our Courts is concerned.

What is overriding Objective principle?

This is the new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

Dealing with a case justly and at proportionate cost includes, as far as is practicable –

(a) Ensuring that the parties are on an equal footing;

(b) Saving expense;

(c) Dealing with the case in ways which are proportionate –

(d) Ensuring that it is dealt with expeditiously and fairly;

(e) Allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and

(f) Enforcing compliance with rules, practice directions and orders.

This Bill is proposing to Amend s. 3 of Appellate Jurisdiction Act Cap 141 by enacting provisions which will ensure that there is just determination, efficient of use of all available administrative resources, including technology in disposing disputes. The court of Appeal has been imposed with duty to uphold this objective which it’s root source is Article 107(2)(e) of the Constitution of United Republic of Tanzania, which among other things, provides inter alia that the court should not be bound by Technicalities in administration of justice.

The very same principle is about to affect s. 3 of Civil Procedure Code by adding s. 3A & 3B which also oblige the court to uphold the Overriding objective Principle, that the court should employ all available means to dispose disputes just and timely.

Furthermore this Bill is about to effect changes in Magistrate Courts Act Cap 11. The Bill intends to Amend s. 17 by adding 17A which establishes mobile Court, the provision also empowers the Chief Justice in expedition determination of establishment of Mobile Court or Special Court. This provision also suggests that the Chief Justice will specify matters relating to the jurisdiction, type of cases to be determined and other matter as Chief Justice may deem appropriate for the purpose of operation of Mobile or Special Court.

These amendments are very useful in proper and timely administration of justice. Probably Courts will no longer be bound to entertain unnecessary technical objections which aim at delaying administration of justice.

Victory Attorneys & Consultants © 2022

Augustine Dominic Shio

Managing Partner

Augustine Dominic Shio is also known as Mr Shio is a highly sought-after and widely recognized criminal law expert with more than 30 years of experience advising and assisting corporations and individuals charged with white-collar crimes.

Overview

Before founding the firm Mr Shio held several positions in the public sector, he served as a Principal State Attorney at the Attorney General’s Chambers, Legal Advisor at the President’s Office (Commission for Enforcement of the Leadership Code), Director of Legal Services and Complaints at the Ministry of Home Affairs and retired as a Deputy Director of Public Prosecutions at the Directorate of the Public Prosecutions.

Mr Shio is a recipient of the Presidential Medal for his distinctive public services and ethics of the highest order. His distinguished aptitude in handling complex criminal cases, particularly money laundering, economic and organized crimes has enabled the firm to handle high profile criminal cases in Tanzania.

Practice Focus

As the firm’s head of the Financial & Organized Crimes Department, Mr Shio represents corporations and individuals in the telecoms, media & ICT, mining, oil & gas and banking sectors in high profile criminal cases. He has advised and prepared legal compliance models and for large scale agribusiness operators, public listed companies and securities dealers and brokers in line with sector-specific laws.

He possesses vast experience in advising multinational corporations on money laundering and tax evasion throughout the life span of their commercial transactions.

Mr Shio has represented clients in major plea bargaining negotiations at the office of the Director of Public Prosecutions. He is renowned for closing some of the best pleas deals in the country on behalf of many locals and expatriates charged with money laundering, economic and organized crimes and cybercrimes. Additionally, Mr Shio consults and assists criminally charged individuals to secure pre-trail and post-trial bail on serious criminal charges.

Education

Mr Shio holds a Bachelor’s Degree (LL.B Hons) from the University of Dar es Salaam, Certificate in Criminal Justice and Treatment of Offenders from the United Nations Institute (Fuchu, Japan). He is a certified criminal law expert in Money Laundering and Terrorism.

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