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

In 2018 the government of the United Republic of Tanzania introduced a new legal principle commonly referred to as “the overriding objective principle.” This was done through Written Laws (Miscellaneous Amendments) Act, 2018 (Act No. 8 of 2018). It was said that the aim of the legislative process was to promote substantive justice and to give statutory effect to the contents of Article 107A (2) (e) of the Constitution of the United Republic of Tanzania, 1977. Article 107A (2) (e) of the Constitution directs the courts of law: To dispense justice without being tied up with technicalities provisions, which may obstruct dispensation of justice. Therefore, strictly speaking, the new law was not creating anything new, but rather amplifying what the Constitution had already provided back in 2005 when that provision was entered into the mother law. However, since the enactment of this law, the principle of “overriding principle” has become a cause célèbre issue in legal circles in the United Republic of Tanzania. The judiciary under the guidance of the Court of Appeal of Tanzania has woken up from a long slumber to fight legal technicalities in the name of justice. This is the preoccupation of this article under review. Key Words: Overriding objective principle, legal dilemma, and Court of Appeal of Tanzania