THE SCOPE OF THE PRINCIPLE OF OVERRIDING OBJECTIVE
INTRODUCTION
An overriding objective or oxygen principle requires the court to avoid technicalities in dispensing justice. The source of this principle is Article 107 (2) (e) of the Constitution of the United Republic of Tanzania, 1977 as amended from time to time which requires the court at a time of delivering decisions to dispense justice without being tied up with technicalities provisions which may distract dispension of justice.
The said principle was introduced in our jurisdiction via the Written Laws (Miscellaneous Amendments) (No. 3) of 2018 (Act No. 18 of 2018).The overriding objective is to facilitate the just, expeditious, proportionate and affordable resolution of disputes.
THE SCOPE OF THE PRINCIPLE
The overriding objective principle in Tanzania jurisprudence, was not meant to allow parties to circumvent the mandatory rules of the court.
In the recent decision of the Court of Appeal at Mwanza, Jacob Bushiri versus Mwanza City Council & 2 others Civil Appeal No. 36 of 2019 in this Appeal, the Appellant, having duly lodged his notice of appeal on 12th November, 2012 together with his letter seeking the High Court to supply a copy of certified decree and proceedings, which letter was not included in the record of Appeal. The letter appeared to have been copied to the respondents but it was not served to them.
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