By FAUSTINE KAPAMA-Judiciary, Arusha
The Judiciary of Tanzania, through Judiciary Rules Committee, has made some notable and noble amendments of the Court of Appeal Rules in the year 2024 to facilitate timely justice dispensation, reduce backlog and enhancing access to justice to the people of Tanzania.
This was revealed here by the Committee Chairperson, who also doubles as Justice of the Court of Appeal, Lady Justice Rehema Mkuye while presenting a topic on Historical Background of Court of Appeal Rules since 1979 at the Court of Appeal Half Annual Meeting.
The Court of Appeal (Amendment) Rules, 2024 [2024 GN. 188] provide clarity on number of issues, embrace the use of Information Communication Technology (ICT), enhancing access to justices and giving effects to the decisions of the court.
Expounding further on the matter, Justice Mkuye, told the Meeting that the new rules are providing guidance on the procedure for the constitution of the full bench of the court to resolve conflicting positions of its own, departing from its earlier decision or hearing an appeal or application as a full court.
The rules also provide the procedure for revision against the decision of the Deputy Registrar and substitution of the word “judge” with “justice” to distinguish between judges of the High Court and the Court of Appeal.
She explained that the new rules recognize decisions published on Judiciary of Tanzania’s official online platform as reported decisions, thus waving the requirement to produce their copy once referred to before the court.
The new rules further aim at avoiding abuse of court process, combat the delays, reduce the workload to the Court and burden of Deputy Registrars and vesting into the single Justice mandate to hear ex-parte and inter-party applications for stay of execution.
Justice Mkuye explained further that the new rules bar the applicants in applications for leave and extension of time on a second bite to raise grounds different from those relied upon before the High Court to avoid abuse of the court process.
They also vest into the single Justice powers to determine contested applications for leave to amend, give the Director of Public Prosecution the responsibility to prepare records of appeal in appeals filed by him and exclude the time spent pursuing an application for leave to appeal or a certificate on points of law in computing period of limitation for appealing.
The Committee Chairperson explained further that the new rules are vesting into the Registrar powers to entertain matters that do not go to the substance of the appeal or application including, not limited to ordering for substituted service and marking the appeal withdrawn when parties so agree.
Furthermore, the new rules are allowing an application to proceed ex-parte where no application is made by the respondent’s legal representative to be made a party upon the demise of the respondent.
They are giving an option to the appellant who has filed the written statement of argument to address or not address the Court at the hearing of the appeal, and if he wishes, to address the court, only to clarify his written statement and not to bring new matters.
The new rules serve the appeals that are struck out for the absence of proof of a request letter for proceedings or judgment or decree or order where the respondent has no issue with the service of letter to him.
In addition, they give the Court discretion to save the appeals despite incompleteness of the records where such incompleteness does not vitiate the competence of the appeal and remove the requirement to pay fees on an application for remission and waiver of court fees.
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