Recently, the Parliament of Tanzania passed the amendment Act No. 11/2023 styled as The Legal Sector Laws (Miscellaneous Amendments) Act 2023. Among the laws that have been amended is the Appellate Jurisdiction Act, Cap 141 of the Tanzanian Laws.
Briefly the amendment has ushered in the following procedural changes with regard to the appeal to the Court of Appeal “the Court” and its review jurisdiction.
· It has prohibited applications for review in the Court Appeal on preliminary rulings or any other ruling that do not conclusively determine the appeal, revision or application.
· It has widened the scope of automatic right to appeal from the High Court to the Court of Appeal by removing a requirement for leave for decision arising from the High Court while exercising its appellate and revision jurisdiction.
Previously there was no limit to apply for review in the Court of Appeal. The litigant could apply for review against any ruling of the Court of Appeal.
On other end, prior to the amendment with regard to leave requirement, a prospective appellant was supposed to get leave to appeal against decision made by the High Court while exercising appellate or revision jurisdiction.
The practical significance of this amendment is that there will be some reduction of workload both in the High Court and Court of Appeal. In the High Court there will be some reduction of workload as less applications for leave will be filed. In equal measures, there will be some reduction on second bites application in the Court of Appeal for those who are denied leave by the High Court.
Similarly, by abolishing applications for review on preliminary matters rulings in the Court of Appeal, there will be some reduction of workload as there is likely to fewer application of that nature.
Unless otherwise provided, changes in procedural laws are retrospective. So all applications of similar nature pending in the High Court and the Court of Appeal have become redundant The Court of Appeal has already held so with regard to this amendment, in the case or PETRO ROBERT MYAVILWA versus ZERA MYAVILWA, CIVIL APPLICATION NO. 117/060 of 2022 in a ruling issued on 13th of December 2023.
However, we believe that further reforms may be needed to reduce the work burden of both the High Court and the Court of Appeal.
Among other things, Legendglobe Attorney team specializes on Litigation Management in both the High Court and Court of Appeal with more than 25 years’ experience.
Legendglobe Attorneys
(Corporate Advisory, Litigation Management and Regulatory Complicate Practice)