Content Judgment in Tanzania: Understanding the Essence of Judgement.

In the realm of law and justice, judgment plays a crucial role in resolving disputes and providing closure to legal matters.

What is judgement?

In Tanzania, the concept of judgment is defined in Section 3 of The Civil Procedure Code [Cap 33, Rem 2019] as a statement of the decision reached by the court at the conclusion of a case, accompanied by the reasons for such a decision.

Let us explore the various types of judgments and delve into the requirements for drafting a comprehensive judgment, using the case of Matongo Mathayo and Another vs. Republic, Criminal Application No. 271 of 2021, as an illustrative example.

Types of judgement in Tanzania

To begin with, judgment can be broadly categorized into two types: judgment in rem and judgment in persona.

Judgment in Rem.

Judgment in rem is a decision that is binding on all parties and relates to the status or rights of specific property or things.

It is not dependent on the presence of any particular person in court. Instead, the court’s ruling affects the property itself and anyone who subsequently comes into ownership of it.

Judgment in Persona.

On the other hand, judgment in persona pertains to decisions that are specific to the parties involved in a particular case.

It affects the rights and obligations of the individuals before the court and applies only to the of applies only to them .

What are Contents of judgement in Tanzania?

judgemnt in TanzaniaIn the case of Matongo Mathayo and Another vs. Republic, Criminal Application No. 271 of 2021, the court outlined essential elements that should be present in any judgment:

a) Language of the Court:The judgment must be written in the official language of the court where the case is being heard. In Tanzania language of The court is Swahili and English, This ensures clarity and consistency in understanding the court’s decision.

b) Point for Determination or Issues:The judgment should clearly identify the points or issues that were subject to debate during the court proceedings. This helps provide a concise overview of the case’s contentions.

c) Decision Reached.

It is essential for the judgment to state the final decision or ruling made by the court. This signifies the court’s conclusion on the case and its implications.

d)

Reasons for the Decision:The judgment must include the reasons behind the court’s decision. This ensures transparency and helps parties comprehend the legal rationale behind the judgement. This also called A Ration Decidend.

e)

Signature of the Presiding Judge or Magistrate:Every judgment must be signed by the presiding judge or magistrate, even if it was written under their personal direction and superintendence. The signature validates the judgment and confirms its authenticity.

Also under Order XX rule 4 and 5 of The civil procedure Code [chapter 33, Rem 2019] Provides for content of judgemnt in civil cases as follows;

Materia facts of the case and summary of evidence in that case.

Issue framed by the courtThe decision of the xourr in respext of each issue.

Order of the court

Signature of presiding judge or magistrate.

In conclusion, content judgment in Tanzania carries significant weight in the legal system. Different types of judgments serve distinct purposes, ranging from broader implications for property and rights to specific rulings on individual cases.