Legal Update – 8 April 2024

Tanzania Court of Appeal Rules amended

• Application for stay of execution to be determined by Single Justice
• No need to attach copies in the list of authorities if reported on official judicial web platforms
• Second bite applications process simplified

In a bid to continue leverage technology, modernize and expedite pending matters at the Court of Appeal, the Chief Justice, His Lordship Prof Ibrahim Juma, issued the Tanzania Court of Appeal (Amendment) Rules, 2024 (Gn. 188 of 2024) in March 2024.

One of the commendable aspects of the amendment is its embrace of technology. By recognizing decisions published on official online platforms managed by the Judiciary of Tanzania as reported decisions, the rules facilitate easier access to legal precedents and streamline the citation process. This move will ensure that legal practitioners and scholars have access to up-to-date and authoritative sources, thereby fostering more informed and robust legal discourse.

Furthermore, the amendment brings about essential procedural changes aimed at expediting the dispensation of justice and decentralizes some decision-making and reduce administrative bottlenecks, thereby enhancing the efficiency of case management.

Another notable change is the delegation of the authority to determine applications for stay of execution to a single Justice of Appeal. This streamlined approach not only accelerates the resolution of urgent matters but also ensures consistency and coherence in decision-making, as it allows for a focused consideration of the merits of each application by a designated judicial officer.

Moreover, the simplified process for second bite applications and Registrar’s power to address and determine uncontested applications for amendment of documents underscores the judiciary’s commitment to accessibility and fairness. By removing unnecessary procedural hurdles and providing clearer guidelines, the amended rules empower litigants to seek recourse more effectively, thereby promoting access to justice.

In conclusion, the amendments represent a significant milestone in the ongoing evolution of Tanzania’s judicial system. The Chief Justice’s commitment to leveraging information and communication technology to enhance the efficiency and accessibility of the judiciary is evident in the progressive changes introduced by the amendments.

To read the Tanzania Court of Appeal (Amendment) Rules, 2024 (Gn. 188 of 2024) click here