Legal Dilemmas on Application of the Overriding Objective Principle in the Court of Appeal of Tanzania

Abstract

In 2018 the government of the United Republic of Tanzaniaintroduced a new legal principle commonly referred to as "theoverriding objective principle." This was done throughWritten Laws (Miscellaneous Amendments) Act, 2018 (ActNo. 8 of 2018). It was said that the aim of the legislativeprocess was to promote substantive justice and to givestatutory effect to the contents of Article 107A (2) (e) of theConstitution of the United Republic of Tanzania, 1977.Article 107A (2) (e) of the Constitution directs the courts oflaw: To dispense justice without being tied up withtechnicalities provisions, which may obstruct dispensation ofjustice. Therefore, strictly speaking, the new law was notcreating anything new, but rather amplifying what theConstitution had already provided back in 2005 when thatprovision was entered into the mother law. However, sincethe enactment of this law, the principle of "overridingprinciple" has become a cause célèbre issue in legal circles inthe United Republic of Tanzania. The judiciary under theguidance of the Court of Appeal of Tanzania has woken upfrom a long slumber to fight legal technicalities in the name of justice. This is the preoccupation of this article underreview.Key Words: Overriding objective principle, legal dilemma and Court of Appeal ofTanzania