This book provides a comprehensive outline of the basic principles of civil procedure law, as contained in local statutes and decisions in the High Courts in East Africa. The information is taken from the Tanzanian Civil Procedure Code Act drawn up in 1966 and equivalent statutory provisions in Kenya and Uganda. Case law discussed is based on East African cases, as well as some English and Indian cases, which are an authority in the sub-region. The author is a judge at the High Court of Tanzania.
Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.
This book presents a detailed and practical explanation of the law of Civil Procedure in Kenya. It discusses the principles of Civil procedure Law in a practical setting. The intricate points of law have been illustrated by examples, and in the introduction the subject has been dealt with by topics rather than in the strict order of sections in the Act and Rules. This has been done to avoid cross-referencing to enable users to adequately grasp the doctrinal aspects of the subject.
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Since President John Magufuli came to power in 2015, the space for media, the opposition, and civil society to conduct activities in Tanzania has shrunk dramatically. The government has passed new legislation and enforced existing laws that repress independent reporting and restrict the work of media, civil society organizations and political opposition groups. The government has also cracked down on individuals and nongovernmental organizations (NGOs) that are critical of government policy. The growing restrictions on speech and association are particularly worrisome as elections, scheduled for 2020, approach.This report documents how authorities have stepped up censorship of the media and arbitrarily arrested and, in some cases, prosecuted journalists and activists perceived to be government critics. They have also exerted tighter control over NGOs and political opposition parties. The repression has effectively silenced critics and activists. The report calls on the Tanzanian government to take steps to protect the rights of freedom of expression and association, particularly ahead of elections, including by refraining from public rhetoric hostile to human rights issues; urgently reversing the pattern of repression and taking measures to stop the arbitrary arrest and harassment of journalists, NGO representatives and other activists, and political opposition members; and reforming repressive laws.
