MZUMBE UNIVERSITY
MBEYA CAMPUS COLLEGE
DEPARTMENT OF ADMINISTRATIVE STUDIES
A BRIEF FIELD REPORT ATTACHMENT CONDUCTED AT MOSHI URAN
PRIMARY COURT AT KILIMANJARO REGION
PREPARED BY: DIGNA LUCIAN
REGISTRATION NO: 31210109/T.19
INTERNAL SUPERVISOR: MR. YOHANA SEME
EXTERNAL SUPERVISOR: HON. A. Y. KINGAZI
A COMPULSORY FIELD REPORT SUBMITTED IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE
DIPLOMA IN LAW OF MZUMBE UNIVERSITY MBEYA CAMPUS COLLEGE
2021
CERTIFICATION
I ………………………………………………. do hereby certify that, I have read this
work and find it acceptable regarding university standards.
Supervisor signature……………………………….
Date……………………….
i
DECLARATION AND COPYRIGHT
I DIGNA LUCIAN, do hereby declared that this report is mine due to my effort, and is
not been submitted to any university or collage and also in this University of Mzumbe
(MU), and its special for qualification to Diploma in Law.
Student signature
……………………………….
DIGNA LUCIAN.
Date
………………..
ii
COPYRIGHT
All rights reserved. No part of this report may be printed or reproduced or unutilized in
any form or by electronic, mechanical or other means, now known or hereinafter
invented, including photocopying or storing it in any medium by electronic means, and
whether or not even incidentally in some other use of this work without the prior
permission of the candidates or University on behalf.
©2021
Mzumbe University
iii
ACKNOWLEDGEMENT
Firstly, I would like to thank the Almighty God for the charitable time and strength,
aptitude and persistence for marvelous completing my field attachment and this report. I
could have done nothing if it was not for his willpower.
I wish to acknowledge certain individuals and organization for their contributions
towards the production of this field attachment report.
I would like to thank my Late Father for his day to day encouragement until his last
breath and my Mother and my brother in Moshi Urban for their support of financial
issue, for the encouragement and for their absolute support on everything. My sincere
thanks also go to my brother for his comprehensive support on my education.
I would also like to take this opportunity to acknowledge the help provided by Mr. Seme
for his care and guidance to the completions of this report. And I can’t forget to give my
special thanks to the Court clerk, Madam Anitha and Madam Mwakabole for their
kindness and for the respectable help, because they were the ones who taught me the
rules, procedures, principles and how Court is being conducted and for their contribution
during my physical field time, even at the most depressing moments they still be in my
side and encourage me to do not give up.
Lastly, I wish to humbly acknowledge with sincere gratitude, my External Supervisor
Hon. A. Y. Kingazi – RM and Hon. P. S. Claudi – RM (In charge) for their acceptance
of my presence in the District Court and also for their guidance during my field
attachment. It was their persistent criticism and assistance that brought hope and
confidence during my field was continued. They were truly a source of inspiration to me
and also to the active person like me.
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DEDICATION
I want to take this opportunity to give my special thanks to my lovely family, my late
Father and my Mother (Mr. & Mrs. Lucian Mallya) who were the ones who gave me
humanity power and strength to complete my Journey of the field studies and mostly
they make sure that they stand always by my side to support my destiny and my dreams
to become true, because without their support I wouldn’t be where I am now. Special
thanks to Mr. Seme, Mr. John, Mr. Marwa, Madam Masanda, Mr. Hassan, Madam
Komba and Mr. Nuhu, because without their kindness and strength and teach us the way
of how law occurs in different matters maybe I shouldn’t be understanding what am I
writing. God be with you.
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LIST OF ABBREVIATION
HON Honorable
TSHS Tanzania Shillings
R Republic
V Versus
NO Number
CAP Chapter
RE Revised Edition
D/O Daughter of
S/O Son of
ETC Et Cetera
MCB Marriage Conciliation Boards
E.G Example given
C/S Contrary to Section
MCCPR The Magistrates’ Court Act (Civil Procedure in Primary Courts) Rules
MU Mzumbe University
vi
LIST OF STATUTES
The Constitution of the United Republic of Tanzania 1977, [CAP. 2] as amended time to
time
STATUTES
The Magistrate Court Act,[CAP 11 R.E 2002]
The Law of Marriage Act,[CAP 29 R.E 2002]
The Penal Code,[CAP 16 R.E 2002]
The Civil Procedure Code,[CAP 33 R.E 2002]
The Criminal Procedure Act,[CAP 20 R.E 2002]
The Magistrates’ Court Act (Civil Procedure in Primary Courts) Rules
vii
LIST OF CASES
Julieth Richard Msando v. Hilda Mushi, Civil case No. 125 of 2020
Aikande Seti Moshi v. Emanuel Abraham Mmbando, Matrimonial case No 17 of 2020,
Lucy Joseph v. Valentine s/o Ringo, Criminal Case No. 176 of 2019
Karista d/o John v. Pantaleo s/o Teophil, Criminal Case No 658 of 2020
viii
ABSTRACT
It is so hoped this field report is completed due to the effort of field studies which were
conducted in Kilimanjaro region at the Primary Court of Moshi Urban. The main
purpose of the field attachment is to learn physically on how Courts in Tanzania conduct
their activities and to acquire skill and understanding the Court process, also this report
is divided into five chapters whereby in each chapter tackles different issues like cases
and lastly I will identify some challenges that I encountered during my field placement
at the Primary Court at Moshi Urban.
Chapter One; Deals with the introduction of the field attachment at the Primary Court
at Moshi Urban, the objectives that I set during my field placement which are special
objective and general objective. The purpose of this chapter is to show where the Court
is located and how conduct its activities in relation to the administration of justice.
Chapter Two; Talking about Civil Cases and Matrimonial Cases, though they are of
civil nature but they are different cases, this chapter explains how such cases can be
resolved and also shows the analysis of the case from the beginning till its finality that is
judgment.
Chapter Three; This chapter deals with Criminal cases in connection of plea. Whereas
there is plea of guilty and a plea of not guilty
Chapter Four; Deals with an observation of the different matters and also the
challenges facing at the Primary Court at Moshi Urban.
Chapter Five; Deals with the knowledge and skills that I have gained during my field
placement at the Primary Court at Moshi Urban and lastly my recommendation in
respect to matters that I observed during my field placement at the Primary Court at
Moshi Urban.
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TABLE OF CONTENTS
CERTIFICATION............................................................................................................i
DECLARATION AND COPYRIGHT..........................................................................ii
COPYRIGHT..................................................................................................................iii
ACKNOWLEDGEMENT..............................................................................................iv
LIST OF ABBREVIATION...........................................................................................vi
LIST OF STATUTES....................................................................................................vii
LIST OF CASES...........................................................................................................viii
ABSTRACT.....................................................................................................................ix
CHAPTER ONE...............................................................................................................1
INTRODUCTION AND OBJECTIVE OF THE STUDY............................................1
1.1 General objective of the field...................................................................................1
1.3 Special objectives.....................................................................................................2
CHAPTER TWO..............................................................................................................3
SUMMARY OF CIVIL CASES......................................................................................3
2.0 Introduction..............................................................................................................3
2.1 Ordinary Civil case...................................................................................................3
2.2 Matrimonial Case.....................................................................................................4
CHAPTER THREE.........................................................................................................7
SUMMARY OF CRIMINAL CASES............................................................................7
3.0 Introduction..............................................................................................................7
3.1 Plea of guilty.............................................................................................................7
3.2 Plea of not guilty.......................................................................................................9
3.3 Conclusion..............................................................................................................10
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CHAPTER FOUR..........................................................................................................11
OBSERVATION AND CHALLENGES......................................................................11
4.0 Introduction............................................................................................................11
4.1 Observations...........................................................................................................11
4.2 Challenges..............................................................................................................12
CHAPTER FIVE............................................................................................................14
CONCLUSION AND RECOMENDATION...............................................................14
5.0 Introduction............................................................................................................14
5.1 Conclusion..............................................................................................................14
5.2 Recommendations..................................................................................................15
xi
CHAPTER ONE
INTRODUCTION AND OBJECTIVE OF THE STUDY
1.0 Introduction
In the issue of field attachment in Mzumbe University (MU), it is part and parcel of
practical training which contributes physical performance in the Law field. So in this
academic year 2020 – 2020. We have been attached in different Courts in Tanzania, but
I was placed in Kilimanjaro region in the Primary Court at Moshi Urban from 24th
August up to 30th October 2020. Field attachment to every law student in order to
sharpen skills and gain more understanding of how the Law operates practically and
write a field report upon completion of such field placement
During my field study I noted basic important things necessary for conducting court
trials, means how to play the magistrate role, recording proceedings and deliver
judgment on the Criminal cases and Civil cases, how to question a witness, how to
attend and help court clients, how to open fresh cases, how to make course list, how to
inter cases in the register book and dismissed or erased cases and how to write judgment
or ruling in the register books (either in criminal register, normal civil register, divorce
register and inheritance register) and how to write every month return. This field report
contains research performance at the Primary Court at Moshi Urban, during my practical
learning experience I had a great success of understanding of what I was told and
explained to do, apart from that there were difficulties, and various challenges
1.1 General objective of the field
The main purpose of the field attachment is to know how and understand how the court
procedures are conducted and how I can curb it in practically, as far as litigations are
concerned in matters of Civil and Criminal nature and in connection with adjudication
whereby it is the duty of all Magistrates that justice is not only done but seen to be done
in the society.
1
1.3 Special objectives
i. To know and understand court procedures in respect of solving disputes arising
within the community resulting into Criminal and Civil Cases (during trial of a
case).
ii. To know and understand the right of the parties during litigation before the Court
of Law
iii. To know physically on how Matrimonial cases can be conducted without causing
injustice between the couples that they want divorce or maintenance of the child
and wife.
iv. To understand the procedure, rule of law in the Court system and the right of the
parties especially the right of accused person.
2
CHAPTER TWO
SUMMARY OF CIVIL CASES
2.0 Introduction
This is the kind of cases which it’s occur in a society when a legal action to protect a
private is been interrupted by themselves, mostly Civil and Matrimonial Cause these are
the conflict which occurred in our members of the society themselves, especially in the
union (Marriage). Dispute that occurred amongst, the court and also the rules that
enacted by the parliament it helps to resolve for the purpose of a person to exercise
authority over civilian affairs, and when you talking about civilian justice its means a
person which is not in the armed services or police office. So, he/she has a right to be
protected by the power of a certain Authority like Court who have power to resolve that
conflict, and in civil case the complainant have to proof the case in the balance of
probability. Under section 2 (b) of The Evidence Act [CAP 6 R.E 2002], in civil matters,
including matrimonial causes and matters, its existence is established by a
preponderance of probability. The most different to compare between Normal Civil and
Matrimonial Cause is, in Normal Civil Case the parties are Complainant and Respondent
while in Matrimonial Cause the parties are Petitioner and Respondent. So, in this chapter
not only normal civil case but also there is Matrimonial Cause which will be discussed
for conscience-stricken down here.
2.1 Ordinary Civil case
Civil case is a lawsuit brought to redress a private wrong such as breach of contract, by-
laws, or sometimes would be the breach of contract; sometimes it called civil action
which a legal action is to protect a private civil right or to compel a civil remedy. Mostly
of civil cases the court of law could proceed with the presence of two sides and not one
party, which are plaintiff and defendant. And according to section 2 (b) of The Evidence
Act [CAP 6 R.E 2002], the standard of proof in civil matters, including matrimonial
causes and matters, its existence is established by a preponderance of probability.
3
CASE ANALYSIS
i. Parties
Julieth Richard Msando v. Hilda Mushi, suit for claim of compensation for the loss of
money Tsh 290, 000, Civil case No. 125 of 2020
ii. Brief facts of the case
Julieth Richard Msando, 40 years, Christian, Business woman, Kiborloni at Moshi, said
that on 20th June 2020 gave a luggage of clothes worth Tsh 340,000 to the defendant and
the defendant managed only to pay back Tsh 50,000 back then she changed and took
luggage of clothes from another person. The I approached her couple of times and
asking about my money but got nothing. One day I found her pregnant and I waited until
she gave birth and bought this suit against her.
Defendant, Hilda Mushi, it’s true the explanations of the plaintiff.
iii. Holding
According to the defendant accepting the facts of the case this honorable court decided
that the plaintiff has won her suit against the defendant due to the fact that the plaintiff
was able to prove her claims as in accordance to section 2(a) of the Magistrates Court
Act [CAP 11 R.E 2002]. And authorize the defendant to pay the debt within two months
from today until 21th December 2020.
2.2 Matrimonial Case
Matrimonial can be relating to marriage or a married people, and matrimonial cases this
are the kind of cases relating to matter of disunities between the couples in the marriage
into to a whole family. Marriage is the voluntary union between a man and a woman and
that marriage should be aimed too, and should be for their intended lives, it’s provided
under section 9 of The Law of Marriage Act, but sometimes conflict took place and
causing misunderstanding between themselves which one of the conflict would start or
causing is due to the discrimination, cruelty, desertion etc that he/she undergoing, during
that problem that they have been facing the couples have the right to go to the place
where he/she can complain to his or her party. But everything has its own procedure for
instance, in the issue of matrimonial cases, the complaint has to go first to the Marriage
4
Conciliation Board in the issue of matrimonial disputes. According to section 104 (1) of
The Law of Marriage Act, states, ‘‘A Board to which a matrimonial dispute or matter
has been referred shall require the attendance of the parties and shall give each of them
an opportunity of being heard and may hear such other persons and make such inquires
as it may think fit and may, if it considers it necessary, adjourn the proceeding from time
to time’’, this is the power of MCB which given by the Law. If this board find out it not
possible to resolve that disputes it has been given a power to send that problem to the
specific Court for the disputes resolution. Court have the power to overcome that dispute
for the solution or for breaking it down beyond repair, the Court will grant divorce if it is
possible to do so.
CASE ANALYSIS
i. Parties
Aikande Seti Moshi v. Emanuel Abraham Mmbando, matrimonial case No 17 of
2020, suit upon the granting of divorce.
ii. Brief facts of the case
These two people are the wife and husband they get married in 2013, and they blessed
with one child, but the complainant wants to get divorce, division of property and
maintenance of the child to her husband, the reason of the complainant to complaint
against her husband is because, since 2015 the respondent left them and went to live
with another woman at Bomang’ombe and they have one child. The respondent has been
sending me messages through the phone which aren’t good at all, and he has not been
providing for our child since 2019. The Court read and explains the complaint to the
respondent and he denies and not agrees the complainant complaints that the
complainant is his wife upon marriage and the problem with the complainant is that I
took a loan on Opportunity bank and I gave her the money in order for her to start a
business after three months to show me profit but she didn’t later she went to welfare of
the society and I was ordered to pay 30,000/= per month. Then the Court gets hearing to
both sides with their witnesses.
5
iii. Holding
Divorce is granted as provided under section 110 of the Law of Marriage Act of 1971.
And the respondent asked the court if he can see child upon two weeks when she is on
vacation and he was granted his wish.
CHAPTER THREE
6
SUMMARY OF CRIMINAL CASES
3.0 Introduction
When an individual person commits an offence as per the laws it amounts to a criminal
act against the Republic, the laws include Penal code, Wildlife Conservation Act, the
Economic and Organized Crime Control Act, a few to mention. Such criminal cases are
governed by the Criminal Procedure Act, when entertained before the court. The case
shall be heard and determined by magistrate who makes judgment basing on both law
and facts, and in these type of cases the Court has to ensure that proper procedures were
followed from the arrest to investigation, arraignment in court till the finality of the case
where one can either be convicted or acquitted.
During hearing of this cases the accused person(s) ought to plea and when you talk about
plea in the Court of law its means a formal statement by a defendant stating guilt or not
guilty in response to the charge he is facing. When a accused person enters a plea of
guilty he is convicted and then sentenced whereas when an accused person enters a plea
of not guilty he will be read and explained the facts in respect to the charges and hearing
will proceed starting with the prosecution side then when a prima facies case is
established the defendant will be called to give his defense the judgment.
The case shall be heard and determined by magistrate (also known as justice of the
peace) who is the judges of both law and facts, and in this cases the Court have to ensure
they follow procedure starting investigation until the end of the case in order to achieve
the right of one to another
3.1 Plea of guilty
Simply, plea of guilty it has no different with the issue of confession as applied in
section 28 of The Evidence Act, which is freely and voluntarily made by a person
accused of an offence in the immediate presence of a magistrate, which the magistrate
have to ask (after the charge read to the accused) the accused person if he admit or
denied the offence and if he/she admit the charge against him, it is relevant to the Law
that due to Rule 32 (1) (a) 3rd Schedule of The Magistrate Court Act, where the
accused person admits the truth of the charge and the Magistrate shall cause a charge
7
Hon. Magistrates as soon as he/she speech that is guilty, so the magistrates have to
ensure the fair of trial which is by an impartial jury was of central importance to our
nation.
The Court is requiring giving precise information to the accused person as to exact his
right, in the confession the facts must be relevant to the same case. So in criminal cases
they have to institute by lodging a charge sheet to the Court as per section 132 of The
Criminal Procedure Act, all information shall contain a statement of the specific offence
which accused person is charged. So its assist some procedure which conduct all legal
steps to the court in order to complete the cases in the way of justice. In when the
accused admit the offence its has its importance because firstly, it save the time of the
Court to complete that case quickly due to the admission of the accused and secondly the
Court will get a chance to conduct another cases. In criminal case the standard of proof
is beyond the reasonable doubt.
CASE ANALYSIS
i. Parties
Lucy Joseph v. Valentine s/o Ringo, Criminal Case No. 176 of 2019. The accused was
charged under the offence of Attacking c/s 240 of the Penal Code.
ii. Brief fact of the case
Valentine s/o Ringo, Chagga, 49 years, works as a technician, leaves at old moshi and
Christian by religion is being accused upon 1 st March 2019 at 14: 40 hours in the area of
Mijohoroni that without good intentions you attacked a person called Lucy d/o Joseph in
different places of her body and caused injuries something which is beyond the law. The
charge was read to the accused and he answers with his own words that it’s true he did
attack her. Then the heard the explanations on part of the plaintiff.
iii. Holding
The court in one say see that the accused is guilty as upon his own testimony and the
court is convicting him under section 37 (1) Courts Rules No. 2 of 1984 [CAP 11 R.E
2002]. No record of previous counts. The accused was ordered by the court to pay the
8
Tsh 100,000/= or imprisonment for one month and compensation of 100,000/= to the
plaintiff for the injuries he caused upon the plaintiff.
3.2 Plea of not guilty
Not guilty means a statement of accused stating innocence in response to a charge,
which means he/she is not responsible for any allegation that he has been charged with.
And the plea of not guilty should be raised by an accused after the charge read an
explained to him thereto; after the accused raised the plea of not guilty the Court will
inter the order to the prosecution side to prove the evidence beyond the reasonable
doubt. According to Rule 33 of the third Schedule of the Magistrate Court Act, where
the accused does not admit the truth of the charge or of any offence therein, further than
that when the accused denies the charge in front of the magistrate the court shall enter
plea of not guilty and give order to the complainant to produce witnesses if they have
and also the accused have the right to call any witness he/she wants to call. Let’s say in
this issue of denies the offence will lead the Court to find the evidence through
investigation because sometimes you’ll blind fold to convict someone without justice
and if you aren’t going through investigation you could cause injustice to one party.
CASE ANALYSIS
i. Parties
Karista d/o John v. Pantaleo s/o Teophil, Criminal Case No 658 of 2020, accused
person charged with the offence of (1) To cause a disturbance c/s 89 chapter 16 of the
Penal Code, (2) To damage belongings c/s 326 chapter 16 of the Penal Code, (3)
Threatening to kill with a weapon (knife) c/s 86 chapter 16 of the Penal Code.
ii. Brief fact of the case
The charges were read to the accused person and he pleaded not guilty to all the three
offences, then the court was adjourned to another date and the accused was to bring
witnesses and the respondent must be present. On the scheduled date both the claimant
and the accused were present but the claimant didn’t bring the witnesses and the accused
was bailed out.
iii. Holding
9
The accused pleaded guilty upon the accusations brought up against him and putted
under custody by court according to section 31(1) of the Magistrates Court Act [CAP 11
R.E 2002]. Just after he pleaded guilty upon, (1) To cause a disturbance c/s 89 chapter
16 of the Penal Code, (2) To damage belongings c/s 326 chapter 16 of the Penal Code,
(3) Threatening to kill with a weapon (knife) c/s 86 chapter 16 of the Penal Code. And
was convicted to a parole of a period of six months.
3.3 Conclusion
Therefore these two types of plea, plea of guilty and plea of not guilty in criminal
cases it’s very important since they tend to show the flow/direction of a particular case
in the Court of law. Sometimes the consequence of the plea of guilty its avoid pre-
judgment and provide presumption of innocence, and in the issue of plea of guilty it has
its own condition, firstly that plea raised by an accused person should be raised by
himself, voluntarily and not by any force, and if the accused is forced by tortured or by
injured him in order to admit the offence, that plea wouldn’t stand if the Court find out,
will be in the way of not guilty because plea of guilty Is made voluntarily.
10
CHAPTER FOUR
OBSERVATION AND CHALLENGES
4.0 Introduction
Field attachment conducted within six weeks after semester one, and the aim of the
attachment is to learn criminal, civil and matrimonial proceedings practically in different
Court in Tanzania.
As the truth, my attempt ion in the Primary Court, it is my first time to attend in the
Court of Law since I was born. But now it’s my pleasure to give the special thanks to my
University to promote that opportunity to face Court for the first time and for the
purpose of learning,
From this beginning I can now realize the Hon. Magistrates in the all Courts in United
Republic of Tanzania that are the kind persons, who’s in the society is more respected
and who have the power of Courtesy which made them to be active to solve different
matters in a way of careful and to ensure the resolvedly of cases in the way of justice.
During my field study I observed and l learned and I faced a lot of things during trials
some were new and same were normal, to see how the magistrate is interpreting the law
and to see how the assessors are playing their role in the court of law and how to make
either a witness, complainant and accused person to oath and many thing as follow;
4.1 Observations
During my field placement at the Primary Court at Moshi Urban, I observed different
things like; I have learned how to fill different forms in the court like summons, warrant
of arrest, bail, removal order, document custody, document button etc.
Dismissal of cases or suits is done when is necessary; this appears when parties or the
complainant or the plaintiff do not appear during hearing of the case or suit for at list
two or three times then the magistrate will dismiss the case and its allowed by the law,
according to Rule 22 of The Magistrates’ Courts (Civil Procedure in Primary
Courts) Rules, also according to Rule 36(1) of The Magistrates Court Act [CAP 29
R.E 2002].
11
Backlog of cases and this it is due incomplete investigations in certain cases; lack of
cooperation between witnesses and the State Attorneys which leads the
defendant/Accused person to stay in remand for a long period, and this its happen when
the witnesses didn’t receive the summons to appear before the Court in order to testify
before the court. So, as a result the Court adjourns cases severally.
Lastly I observed that court officers at the Primary Court at Moshi Urban are so active
which contributes to good performance in the administration of justice.
Cooperation between the Court members (Secretaries, Court Clerk and the Hon.
Magistrates) and the students; Court officers are cooperative and do give support and
guidance to all students who place for their field practices so as to ensure that we acquire
skills and knowledge which in turn will make us conversant with the law and its
practicability. I learnt many different things like how to write Coram in case files, how
summons can be served to the witnesses or Defendant and the right of bail as explained
in the (C.U.R.T) and his result or consequence when the accused runs away bail
situation. Also taught and show us how witnesses are sworn prior to testifying in court.
Generally, the court officers where cooperative and will to assist us and teach us when
we did not understand a certain matter.
Storage of Court Records; The records at the Primary Court at Moshi Urban are stored
automatically in the system known as JSDS, which is very good and active for purpose
of reserving the decided cases.
4.2 Challenges
There’s no place that is perfect, there are several challenges facing the Primary Court at
Moshi Urban some can be solved and some need a lot of time to be solved, Also during
my field attachment at the Primary Court at Moshi Urban I faced different kind of
challenges which are like lack of transport because the distance between homes up to
the Court center its takes one hour moreover I had to utilized my own funds to facilitate
my transportation since they do not pay students.
12
Also in the Primary Court at Moshi Urban there were other challenges I faced which are
as follow: -
a) Adjournment of Cases; In the issue of the adjournment of the case, this is the
greatest challenge that faces many Courts s in Tanzania. Because this leads to backlog of
cases in the courts since cases may take years, persons in custody tend to see that they
are deprived of their rights while remand. Adjournment of cases can result to negligence,
on-appearance of the witnesses and the complainer, and also due to investigation which
is incomplete.
b) Poor infrastructure; like tables, chairs, toilet and Court rooms, the Primary Court at
Moshi Urban buildings are so old for instance the Open Court is unmaintained compared
to than other international Courts.
The accuser’s dock is broken and unmaintained. As to the issue of tables and chair are
few and the available ones are not in good shape. As to the toilet; are unmaintained
especially the Men’s toilet which is a threat to people’s health.
c) Ignorance; Thou ignorance of law is not an excuse most of the clients who are coming
to the court are not well educated about the court procedures example, most of them do
not switch off their phone even if you tell them to do so; most of the clients come late to
attend the trial.
13
CHAPTER FIVE
CONCLUSION AND RECOMENDATION
5.0 Introduction
Generally, during my field placement I learnt and acquired various knowledge and skills
as well as understood the practicability of the laws in respect of litigation and
adjudication. I also learnt about legal professional ethics for both private and public
practitioners and the judicial officers, and to know how judicial proceeding brought by
one party against another, and that could be one party prosecutes another for a wrong
done or for protection of a right or for prevention of a wrong.
And the following is the conclusion and recommendation which show some procedure
on how the Courts of law could blind fold to solve the challenges that they might be
faced during in the Court process.
5.1 Conclusion
Generally, this field study program it is only consider with the summary of civil cases,
summary of criminal cases, and finally the discussion about that program is to know
how the procedures conducted before the Court of law, which means is to observe the
techniques of handling a civil and criminal case and finally to recognize the challenges
which face the whole court through its procedure. Also this field attachment it’s very
important, to the students to improve legal skills and knowledge that they acquire
theoretically and implementing practically as to help the legal students to be competent
in legal works in the courts and in law fames. Also enable a student to learn how to
approach new people, how to attend, how to talk and help them legally and advice. A
part from observation and problems this field study helped lot to improve practically in
law study because what we have been studying in the classrooms theoretically I have
practice it and taught well where it was difficult for me t know what was required for me
to do it.
Also if recommendation at Primary Court at Moshi Urban will be taking into
consideration it will be very helpful and most of the problems facing will be solved.
14
5.2 Recommendations
This is the kind of suggestion or proposal that I have to put forward as to be advice try to
show the way on how the challenges faced by the court can be resolved, and the best for
the cause of this action especially to the students and for the all Court Authority.
Firstly, To provide legal education to the clients who are coming to the court and
police officers; most of the people that are they coming in the Court of Law, they didn’t
get their certain right due to the unknown of Law and the government should provide
education to the police officers on how to handle an accused person because a person is
not guilty unless contrary proved Article 13(6) b of The Constitution of the United
Republic of Tanzania of 1977 [CAP 2] as amended time to time, also in preparing
charge sheets, most of the charge sheets contain errors e.g. a police officer may put a
wrong section of law this may lead to a charge to be defective and cause injustice if the
magistrate won’t go through the charge sheet before hearing, also they should be
educated about the age if the accused person is under age then the accused person should
not be brought before any Courts
Secondly, I would like to propose something which would be useful and flexible to
all Courts Authorities in Tanzania that the all Court members they have to get an
opportunity sake for take time with the prisoner to give them hope; this is because
most of the prisoners died due to the loneliness and stressful that they have and its
makes prisoners to give up their whole life’s which makes seems that they have been
dumped for their fault in crime that they have been committed. But due to that wander of
the Court Members to the accused persons in prison it would make them feel happy and
to know due to their crime and fault.
Thirdly, I can be recommending that in the Court authority the government have to
make sure that the facilities and infrastructure are been provided and constructed well,
and this is for the sake of being protected from danger, risk or injury all members for
their safeties.
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Lastly, the government should make sure suggestion box is available at the court in
order for everyone to suggest more about the provided services by the court, this will
automatically improve the court services and also will shape the services provided.
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