Steps by Steps Guide on how to Draft APPELLANT’S WRITTEN SUBMISSION inTanzania.

What is written Appellant submission?

A written submission of an appellant refers to a formal document submitted by the appellant (the party appealing a decision) to a higher court or tribunal, presenting their arguments and supporting evidence in favor of overturning the decision made by a lower court or administrative body.

Here is example of written submission in Tanzania

IN THE HIGH COURT OF TANZANIA
(………….. DISTRICT REGISTRY)
AT ……….
CIVIL APPEAL NO. …… OF ……….
(Original Matrimonial Case No. …… of ……….in the …………. Primary Court and
Civil Appeals No. …………. of ……….. in the District Court of ………… District –

………., PDM)
XXX…………………………………….. APPELLANT
VERSUS
YYY……………………………..…… RESPONDENT
APPELLANT’S WRITTEN SUBMISSION
May it please your Lordship,
Aggrieved by the decision of the District Court of ……….District (…………, PDM) dated …… February ………in Civil Appeals No. ………. of ……. the Appellant herein appeals to this Honourable Court on the following grounds:

  1. That the learned District Magistrate erred in law ………………………….
  2. That the learned District Magistrate erred in law and fact by
    ……………………………………………………………………………..
  3. That the learned District Magistrate erred in law and fact by
    ………………………………………………………………………………
    I wish to argue the aforementioned grounds seriatim as follows:
    GROUND NO. 1 – That the learned District Magistrate erred in law by
    …………………………………………………………………………………….
    GROUND NO. 2 – That the learned appellant magistrate erred in law by
    ………………………………………………………….
    For the reasons stated above the appellant herein prays that the decision of the Courts
    below be reversed and an order …………….

Dated at ………… this ……….. day of ………., ………….

……………………….
ADVOCATE FOR THE APPELANT.

Presented for filing this ……… day of ………………., ……………………….
…………………………
REGISTRY OFFICER

COPY TO BE SERVED UPON:
THE RESPONDENT

DRAWN AND FILED BY:
SHERIA ZETU ADVOCATES
BOX 2525
DAR ES SALAAM.

What are contents of written submission.?

The written submission typically contains the following elements:

Statement of facts: A concise and accurate summary of the relevant facts of the case as they were presented in the lower court or tribunal.Issues on appeal.

A clear identification of the legal issues that the appellant is challenging. These are the points of law or errors they believe the lower court made, which led to an unjust or incorrect decision.

Legal arguments: The appellant presents their legal arguments supporting why the lower court’s decision was wrong. They may reference relevant statutes, case law, and legal principles to strengthen their position.

Supporting evidence: Any evidence or documents that were part of the lower court proceedings or any new evidence that might be crucial for the appeal.

Prayer for relief: The specific request the appellant is making to the higher court. This could include asking the court to overturn the lower court’s decision, grant a new trial, or take any other appropriate action.

The written submission is an essential part of the appellate process, as it allows the higher court to review the case thoroughly and make an informed decision based on the arguments presented.