Independent candidates are not allowed in Tanzania. This restriction has raised debate which dominates multipartism and its efficacy in the country. Since the inception of multipartism in 1992, there have been three major cases on independent candidates. In the first two cases, the High Court ruled in favour of independent candidate. However, in the third case, the Court of Appeal, while subscribing to the need of independent candidates, it nullified the previous judgments by the High Court on the ground that the court had no jurisdiction in declaring a constitutional provision to be unconstitutional; and that the independent candidate issue being political and not legal should be resolved by the parliament. I argue that the Court of Appeal failed to exercise its mandate in administering justice. I further argue that such failure is attributed to the fear by the justices from the ruling party and its government.