Critical Analysis on The Principle of Overriding Objectives Brought by the Written Laws (Miscellaneous Amendments) (No.3) Act, 2018 [ACT No.8 of 2018]

Kataga, Yusta Fabian

dc.creator	Kataga, Yusta Fabian
dc.date	2020-09-27T20:48:01Z
dc.date	2020-09-27T20:48:01Z
dc.date	2020
dc.date.accessioned	2022-10-21T10:32:17Z
dc.date.available	2022-10-21T10:32:17Z
dc.identifier	APA
dc.identifier	http://hdl.handle.net/11192/4299
dc.identifier.uri	http://hdl.handle.net/11192/4299
dc.description	A Compulsory Research Paper Submitted to Mzumbe University – Mbeya Campus College in The Partial Fulfilment of the Requirement for the Award of The Bachelor Degree of Laws (LL.B) of The Mzumbe University.
dc.description	This research study examines the critical analysis on the applicability of the Principles of Overriding Objectives brought by the Written Law (miscellaneous amendment) (No.3) Act of 2018. The spirit behind undertaking this research study was due to the increase of dismissal and delaying of the cases in the Court of Laws due to strict application of Legal technicalities though there was some provision which demanded the Court of Laws not to be tied up with the Legal technicalities and deliver justice accordingly to the Principles of Overriding Objectives (Oxygen Principle). In investigating the main cause behind this problem of strict usage of Legal technicalities the researcher came across to the finding that, the main cause is the inconsistence of the Court of Appeal in application of the Overriding Objective (Oxygen Principle) which makes the lower Courts face the same inconsistence because the Court of Appeal sets precedent to the lower Courts in its decisions. Furthermore, the researcher found that some judges have the opinion that some advocates implicate the application of the Overriding Objective in order to hide their wrongs in application of Law and also some judges believes that applying the Oxygen Principle is like turning the blind eye to the provided procedural Laws. And lastly the researcher recommended the Court of Appeal to maintain its consistence in the application of the Overriding Objective, dismissal of cases with only serious breaches, and relaxing the complex procedures in order to reduce the problem of technicalities in the Court of Law.
dc.language	en
dc.publisher	Mzumbe University
dc.subject	Overriding Objectives
dc.subject	Written Laws
dc.subject	Miscellaneous Amendments
dc.title	Critical Analysis on The Principle of Overriding Objectives Brought by the Written Laws (Miscellaneous Amendments) (No.3) Act, 2018 [ACT No.8 of 2018]
dc.type	Thesis