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2. The ConstitutionAll other legal rules in the country derive their authority from it. Any other law
that is inconsistent with the constitution will therefore be declared invalid by courts of law. By virtue
of article 64 of the constitution, the parliament has power to make laws; these laws are what we
refer to as statutes. The constitution is the basic law of the Land (mother law. It provides for the
structure of the state organs i.e. the Judiciary, the parliament, and the executive. Each of the organs
above is vested with powers derived from the constitution, which provides powers and duties in a
general way which later are clarified and implemented by statute enacted by parliament as from
time to time.
The constitution of the united republic of Tanzania is of 1977. Under article 64 the parliament is
given legislative power in relation to all union matters concerning mainland Tanzania and the
House of Representatives in respect of Zanzibar matters (article 64(3)). Under article 64(5) any law
that is in conflict with the constitution shall be void to the extent of the inconsistency.
From the constitution, we derive the rights and duties of citizenship and the government. For
instance, in terms of labour law, the constitution provides for the freedom of expression (article 18),
the person’s freedom of association (article 20), the right to work (article 22), the right to just
remuneration (article 23), the right to own property (article 24) and the duty to participate in work
(article 25).
5. Islamic law
It is applicable to the people who profess Islam. It Began about 600 A.D
S.11 (2) (a)(ii) of JALA; It is used in matters of marriage, divorce, guardianship, inheritance, waqf
and similar matters in relation to members of a community which follows that law.
6. Received Laws
These are the laws received from England through India by via the Tanganyika Order in Council of
1920, famously known as the Judicature and Application of Laws Ordinance (JALO) which is now
known as the Judicature and Application of Laws Act (JALA).
Section 2 of the JALA, 1961
The jurisdiction of the High court shall be exercised in conformity with the written laws, the
common law, the doctrines of equity and the statutes of general application in force in England on
the 22nd day of July 1920.
Provided always that, the said common law, doctrines of equity and statutes of general application
shall be in force in Tanzania only so far as the circumstances of Tanzania and its inhabitants permit
and subject to such qualifications as local circumstances may render necessary
To-date the above section in referred to as section 2(2) of the Judicature and Application of Laws
Act, Cap. 358 (R.E. 2002)
Section 9-The provisions of the acts of parliament of the United Kingdom.....as amended prior to
the 22nd day of July 1920 shall apply to and have effect within Tanzania subject to the exceptions,
adaptations and modifications set out therein.
These are:-
(i) The Foreign Tribunals Evidence Act, 1856
(ii) Evidence by Commission Act, 1859
(iii) Foreign Law Ascertainment Act, 1861
(iv) British Law Ascertainment Act, 1861
(v) Conveyancing (Scotland )Act, 1874-section 51
(vi) Colonial Prisoners Removal Act, 1884
(vii) Evidence by Commission Act, 1885
In force in England on the 22nd day of July, 1920
Common law, also known as case law or precedent, is law developed by judges through decisions
of courts and similar tribunals rather than through legislative statutes or executive branch action. A
"common law system" is a legal system that gives great precedential weight to common law,[1] on
the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of
precedent is called "common law" and it binds future decisions. In cases where the parties disagree
on what the law is, an idealized common law court looks to past precedential decisions of relevant
courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning
used in the prior decision (this principle is known as stare decisis). If, however, the court finds that
the current dispute is fundamentally distinct from all previous cases (called a "matter of first
impression"), judges have the authority and duty to make law by creating precedent.[3] Thereafter,
the new decision becomes precedent, and will bind future courts.
Note: Equity is the body of rules and principles developed by the Lord Chancellor. They were based
on concepts of fairness and justice. They were applied in special courts known as the courts of
chancery which began to recognise and enforce new rights and duties, thus providing an alternative
system of justice to that of the common law courts.
The rights and remedies developed under equity.
(i) The trust
(ii) The equity of redemption
(iii) The doctrine of part performance
(iv) The equitable lease
(v) The doctrine of equitable estoppel
(vi) Restrictive covenants
(vii) Contractual licenses
(viii) The remedy of injunction
(ix) The remedy of specific performance
(x) The remedy of rectification
(xi) The remedy of rescission
(xii) The remedy of accounts
(xiii) Delivery up and cancellation of documents
(xiv) The process of discovery of documents
(xv) The sub-poena
(xvi) The appointment of receiver.
N: B. Equitable remedies are discretionary, so that even if a litigant wins a case on the merit the
remedy might be withheld if, for example the winning litigant had himself been guilty of
unconscionable conduct during the dispute. Thus “he who comes to the equity must come with
clean hands”
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