Law permeates into every cell of social life. It governs everything from the embryo to exhumation.

It
governs the air we breathe, the food and drink that we consume, our travel, sexuality, family
relationships, property, the world of sport, science, employment, business, education, health,
everything from neighbor disputes to war. Taken together, the set of institutions, processes, laws and
personnel that provide the apparatus through which law works, and the matrix of rules that control
them, are known as the legal system.1

A legal system is a living organism; it breathes, it grows, it evolves, it is part of the life of the people
for whom it functions. Consequently, the first step in the direction of an understanding of the civil law
and of the common law is to glance briefly over their respective history and development.

Nature of the Laws applied in the adjudication system

Written laws and Common Laws

According to section 2(3) and section 9 of 2,explain the Laws to be used as the Written Laws which are in
force in Tanzania on date in which JALA camera in operation, The common law, Doctrine of Equity and
Statutes of General Application in forcing in England on 22 nd julay 1920.However Common Law,Doctrine
of Equity and the Statute of General Application shall apply as circumstances permits and once qualified
to the local Circumstances. This poison was also layer down in the case of Dodhia v National and
Greavleaa Bank Limited and other, 3 Sir Charles New Bold as by then a president of East Africa Court of
Appeal States that, “Application of the English Laws to our Courts is subjected to such modifications as
circumstances of the country permits and its habitats require,and regard may be paid there to if our
Courts are interested to see what the English law is.

Moreover Tanzania adhere the doctrine of stare decisis and doctrine of precedent, which are the heart
of the Common law legal system. The doctrine refers to the fact that, within the hierarchical structure of
the courts, a decision of a higher court will be binding on a court lower than it in that hierarchy. In
general terms, this means that when judges try cases, they will check to see if a similar situation has
come before a court previously. If the precedent was set by a court of equal or higher status to the court
deciding the new case, then the judge in the present case should follow the rule of law established in
the earlier case. Where the precedent is from a lower court in the hierarchy, the judge in the new case
may not follow.4Under the case of JUWATA v KIUTA,5 Court of Appeal of Tanzania established it status in
relation to the adherence of doctrine of precedent that,all courts and tribunal below it are bound by it
correctness.

Customary laws and religious laws

Also in the Section 11 (supra),Provide for the applicability of the Customary laws in the civil matters to
the main three Circumstances as if the matter rise between the members of the se society in which such
1
Slapper.G and Kelly.D;THE ENGLISH LEGAL SYSTEM,18th End. New York:Toylor and Francis Group(Rutledge).2017.
2
Judicature and Application of Laws Act [CAP 358 R.E 2019].
3
(1970) E.A.C.A 195.
4
Slapper.G and Kelly.D;THE ENGLISH LEGAL SYSTEM,18th End. New York:Toylor and Francis Group(Rutledge).2017.
5
1988) TLR no 146.
customary law apply, relating to matters of status of or succession of,but shall be to the member of the
said community or any other issue as explain in the section, the same potision explained under The
Magistrate court Acts,6section 18 provides for the applicability of the customary and Islamic laws in
Tanzania at Primary Court and also in the case of Maagwi Kimito V Gibeno Warema7 and the case of
Mtatiro mwita v Mwita Marianya8 both cases were in the position that customary laws are applicable if
they are not repugnant to the Constitution of the land are given the same status to the other Written
Laws of the land.And in case of Islamic or religious law applied the same in Botha main land and
Tanzania Zanzibar and for the matter Of religious originates from Zanzibar High Court of Tanzania lacks
jurisdiction over it as per Article

Participation of Judges or Magistrates or Justice of Appeal, Advocates or Prosecutors and Parties in

the Proceedings in Tanzanian.

As aforesaid,in Tanzania there is mixed Legal system as it included the Use of written Laws which are
Constitution of the United Republic of Tanzania of 1977 as amended and made it to be superior Law of
the land as per Article 64(5)9,then other Acts of Parliament as to includes Principle Legislations and
Subsidiary Legislations follows after it this because they enacted by the authorized Law making body in
Tanzania which is Parliament and its delegated one as per Article 4(2),63(2)(d) and 64(1) up to (4) of the
Constitution (supra).Also to show the The applicability of the principle followed under common law
Legal system which are Doctrine of stire decisi and precedent to gather with adversarial system of
adjudication. Also in Tanzania under the virtual of Section 2(3) and (9) 10and section 1811 they show the
applicability of Customary laws and islamic laws, which simply they stand to means the existence of
Religious Legal system and Customary Law Legal system. However Tanzania is more endowed with the
use of common law legal system.

6
[CAP 11 R.E 2019]
7
(1985) T.L.R no1
8
(1968)H.C.D. no 82
9
Constitution of the United Republic of Tanzania,1977 as amended from time to time.
10
Judicature and Application of Laws Act [CAP 356 R.E 2019]
11
Magistrates Courts Act[CAP 11.R.E 2019].