(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.