Cover

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Title page

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Copyright page

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Contents

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List of Cases

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Foreword

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Retired Chief Justice Barnabas Albert Samatta has made an oustanding contribution to strengthening the rule of law in Tanzania. This volume showcases . . .

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PART I - Justice Samatta’s Road to Justice: An Introduction

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pp. 1-17

Mr. Justice Barnabas Albert Samatta retired from the bench in July 2007 after a distinguished legal career spanning 41 years. Of the four decades of active life, . . .

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PART II - Justice Samatta’s Life Journey

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pp. 19-28

This part provides a succinct account of the biography of Justice Samatta’s judicial career. In particular, it traces the foundations of his judicious . . .

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PART III - How I Remember Justice Samatta

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pp. 29-30

Justice Samatta has travelled a long path in his career as a lawyer and a Judge. He has also had a social lifestyle. In the course of all these endeavours . . .

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Hon. B. A. Samatta - A Model of Justice

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pp. 31-32

I first worked very closely with Hon. B. A. Samatta between 1993 and 1997 when I was the Registrar of the High Court of Tanzania. He was the Principal . . .

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The Samatta I Know

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pp. 33-34

One day someone approached me and said he wished to have a word with Chief Justice Samatta. “But the man always wears a serious and intimidating look . . .

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How I Remember Retired Chief Justice Barnabas Samatta

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pp. 35-36

The retired learned Chief Justice is an icon of human dignity and respect. Whether in office or out of office, he maintains a confident aura, all the time portraying . . .

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Recollections on Justice Samatta

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pp. 37-39

It was an honour and privilege for me to be asked by the editors of this book to say something on how I remember Justice Samatta, Chief Justice now in . . .

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B.A. Samatta (As he then was)

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pp. 41-42

B.A. Samatta – I often told him that his initials should have been C.J. and not B.A. as the former were more fitting and descriptive of the person. Barnabas Albert Samatta . . .

PART IV - Justice Samatta in His Own Words

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pp. 43-43

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Justice Samatta’s Leading Judgements at the Bench

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pp. 44-56

This case raises some interesting points of law relating to the doctrine of sovereign immunity. Before the Second World War nearly all States treated . . .

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Judgement

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pp. 57-79

The two accused in this case stand charged with cattle theft, contrary to section 59(2) of the Economic and Organized Crime Control Act, hereinafter . . .

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Ruling: IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM Civil Case No. 214 of 1992

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pp. 81-92

One of the principal questions I have to decide in this matter is whether the plaintiff (now the respondent), Mr. Lujuna Shubi Ballonzi, Senior, has . . .

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Ruling: IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM Civil Case No. 206 of 1993

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pp. 93-110

This is an application for an interlocutory injunction restraining His Excellency Ali Hassan Mwinyi, the President of the United Republic of . . .

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Ruling: IN THE HIGH COURT OF TANZANIA (MAIN REGISTRY) AT DAR ES SALAAM Misc. Civil Cause No. 3 of 1996

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pp. 111-121

This is an application by way of a chamber summons for an order of certiorari to bring up and quash a decision of the President of the United Republic of . . .

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Ruling: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM Consolidated Civil Applications Nos. 19 of 1999 and 27 of 1999

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pp. 123-138

I have before me two applications which have been consolidated, brought under Rule 9(2)(b) of the Tanzania Court of Appeal Rules, 1979 (hereinafter . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM Coram: Samatta, C.J., Kisanga, J.A. and Lugakingira, J.A. Civil Appeal No. 64 of 2001

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pp. 139-171

This is an appeal from a decision of the high Court (Kyando and Ihema, JJ, Kimaro, J., dissenting) dismissing a petition filed by the appellant for a declaration . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: MFALILA, J. A., LUBUVA, J. A., AND SAMATTA, J. A.) Civil Appeal No. 24 of 1999

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pp. 173-198

The appellant, Lutter Symphorian Nelson, and the 2nd respondent, Dr. Ibrahim Said Msabaha, were two of the nine candidates in the Kibaha constituency . . .

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Judgement of The Court: IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: SAMATTA, C.J., MROSO, J.A., and MUNUO, J.A.) Criminal Appeal No. 53 of 2001

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pp. 199-211

This is an appeal from a decision of the High Court (Chipeta, J., as he then was) affirming, while exercising revisional jurisdiction, a conviction . . .

Justice Samatta in His Own Words

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pp. 213-213

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Extra-Judicial Statements

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pp. 213-213

Aside from the eloquent judgments and rulings, Justice Samatta also made a number of extra-judicial statements in the course of delivering speeches . . .

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On Environmental Justice

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pp. 215-222

I wish, at the outset, to express my deep gratitude to his Lordship, the Chief Justice of Egypt, the Supreme Constitutional Court of this country and the . . .

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On Tanzania’s Constitutional Order

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pp. 223-228

I would like to begin by thanking the Managing Director of the Mkuki na Nyota Publishers, the publishers of the Civics Sourcebook that I will later . . .

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No One is Above the Law

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pp. 229-232

Every journey, regardless of its character, must have an end. As many of you assembled here know, I began my professional journey fortyone years ago. . . .

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Judicial Protection of Democratic Values: The Judgment of the Court of Appeal on Independent Candidates

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pp. 233-257

17th June, 2010, will always occupy a special place in the history of administration of justice in this country. As all of you assembled in this Hall well . . .

Appendix: Events in Pictures

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pp. 258-262

Back cover

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