COURSE DESCRIPTION

Generally, this course intends, to equip candidates with general principles of law of torts including those relating to invasion of interests in person, reputation and property. The course further seeks to examine the governments’ liability and the remedies available in cases of liability. And therefore, this more specific covers the theories and policies underlying liability based on intent, negligence and strict liability. The focus is on intentional interference with persons and property, strict liability for abnormally dangerous activities, and negligence: duty, standards of care, proof of breach, factual and proximate causation, products liability, nuisance, defamation, misrepresentation, and invasion of privacy and lastly affirmative defenses and remedies.

The course introduces students to the basic principles of Law of Torts. It begins by giving definitional aspects of the Course by exhausting the meaning, nature, function, the interests it protects, classification. The course will proceed to cover the historical perspective of the Course, Sources and Main Categories of Law of Torts where it will shed light on two notions going as Common Law and Customary Torts showing how they influence one another. Then it follows discussion on General Principles or doctrines reiterated by different school of thoughts, the effect of existence and non-existence of intention and motive in tortious liabilities, specific Torts looking on relevant statutes where applicable  and show how Tortuous Liability arise, its discharge, proof, disproof, and assessment of damages.

LEARNING OUTCOMES

By the end of the course, students will be able:

• To know and understand the basic principles of the Law of Torts;
•  To appreciate the function of the Law of Torts;
  
• To know and understand the origin of Torts;
  
• To know and understand categories of Torts;
  
• To know and understand specific types of Torts and be able to demonstrate a knowledge of relevant case law and legislation both in Customary and Common Law Torts;
  
•  To be able to solve problems with reference to case law and legislation both Customary and Common Law Torts;
  

COURSE CONTENT

• General principles underlining tortuous liability
  
•  General characteristic of tortuous liability, foundations of tortuous liability;
  
• Nominate torts
  
•  Intentional torts
  
• Negligence and relate cause of actions such as liability for negligent misstatements, nervous shock, occupier’s liability and hospital liability
  
• Damages and principles of remoteness
  
• Defamations
  
• Vicarious liability
  
• Employers liability;
  
•  liability for fatal accidents
  
• survival for causes of action on the death of tortfeasor;
  
• liability of joint tortfeasors;
  
• The law related between the neighbors and law related to dealing with hazardous or sensitive materials (nuisance liability and issues of strict liability);
  
• Trespass
  
• law relating to customary torts
  
•  Government liability in tort; family torts.
  

COMPULSORY READING MATERIALS

•  Barker, D. Tort (1981)
  
•  Clerk & Lindsell, on Tort (1982)
  

OPTIONAL READING MATERIALS

•  Fleming J.G. Law of Torts (1971)
  
•  Hepple & Mathews, Tort Cases & Materials (1974)
  
• Huaraka, T. The Law of Torts (1974)
  

COURSE DESCRIPTION

This course can be categorized in to six main areas. The first part, discusses a historical background of land law. This part tries to discuss critically legal issues and challenges in all those phases. In the course of studying this, students will be able to discuss various legislations such as Land. The second part provides a general discussion on the mode of land tenure: The discussion which digests various issues such as Co-ownership and Co-occupancy, Joint tenancy, Tenancy in common etc. The third part  deals with easements, the fourth part discusses on various issues concerning with the contracts on land matters, while the fifth part provide a discussion on Lease and the six part provide a critical discussion on Mortgages.

LEARNING OUTCOMES

By the end of the course, students will be able:

• To critically analyses and evaluate legal issues and challenges concerning land matters in different historical phases in Tanzania.
• To broaden the knowledge of the students on different aspects concerning land matters.
• To facilitate the learners to understand different issues concerning land law.
• To be in a position of comparing different legal issues concerning land matters pertaining Tanzania and in other countries in the world.
• To be in a position of handling and resolving land matters.
• To acquire a knowledge of drafting contracts and other instruments for the disposition of land.

COURSE CONTENT

•  Introduction to land law
  
• system of land tenures (granted and customary tenures)
  
• Condominiums, mortgages, Conveyance, vendor and purchaser, deeds of sale, leases
  
• land registration
  
• Trusts
  
•  Revocation of rights of occupancy and land acquisition issues
  
•  System of land disputes settlements,
  
• Limitation to actions for recovery, easements.
  

 COMPULSORY   READING MATERIALS

• Fimbo,G.M (1992). Essays in Land Law. Tanzania, Dar es Salaam University Press,.
• Gondwe, Z.S, (1990). Female Intestate Inheritance in Tanzania
• James, R.W (1971). Land Tenure and Policy in Tanzania, East African Literature Bureau, Nairobi,

OPTIONAL    READING MATERIALS

• African Literature Bureau, Nairobi, 1973.
• MEGARRY’s Manual of the Law of Real Property, Sixth Edition ,Stevens & Sons,London,1982.

COURSE DESCRIPTION

In general, this courses, intends to equip candidates with knowledge and skills about rules of evidence applicable in the courts including issues of admissibility, relevancy, hearsay evidence, admissions, confessions, proof and presumptions. Therefore, this course introduces students to the basic rules and principles of law of evidence. It commences by giving a historical perspective of the law of evidence in Tanzania. Then, it examines various rules and principles of the subject of evidence, in this aspect the course will explores the rules for fact finding in the judicial process, with particular emphasis on the rules of evidence.

LEARNING OUTCOME

By the end of the course, students will be able to:

• Acquaint themselves  with the origins and purpose of the law of evidence;
  
• Acquired  basic elements of the rules of evidence, including materiality, relevance, probative value and the exclusionary principle;
  
•  Use  the rules of evidence in determining what evidence is necessary in the prosecution or defence of a legal action and whether or not such evidence is admissible;
  
• To acquaint students with the nature and admissibility of electronic evidence
  

COURSE CONTENT

• The Meaning, Types, Role, and value of evidence in administrative of justice;
  
•   Rules and principles of evidence in the identification and use of relevant facts
  
•  Relevance and confessions, evidence of opinion
  
•  Evidence of character;
  
•  Facts not requiring proof documentary evidence
  
• Relevancy of judgments in proceedings
  
• Burden of proof; presumptions; witnesses –competence, compellability and weight of evidence
  
•  Examination of witnesses, contemporary issues in evidence e.g. electronic evidence and forensic evidence.
  

COMPULSORY   READING MATERIALS

• Dennis, I, (2007). The Law of Evidence, Sweet & Maxwell,
  
•  Keane, A, (2008). The Modern Law of Evidence, OUP Oxford,
  
• Malek, H.M  (2005).  Phipson on Evidence, Sweet & Maxwell,
  
•  Mason, S. (2007). Electronic Evidence: Disclosure, Discovery and Admissibility. Butterworths Law,
  

OPTIONAL READING MATERIALS

• Morris, H.F, (1968). Evidence in East Africa, Sweet & Maxwell,
  

COURSE DESCRIPTION

The course is designed to enable candidates to acquire not only the basic Concepts and functions of administrative bodies and systems but also the basic constitutional principles underpinning such bodies and systems including the use of administrative powers and limits thereof.
The course examines the development and operation of non-judicial review and grievance mechanisms, including merits review tribunals (in particular, the Administrative Appeals Tribunal and the Administrative Decisions Tribunal) and the Ombudsman. The course also examines the development and operation of judicial review of administrative decisions under the common law and statutory review mechanisms, in addition to examining access to information through the provision of reasons for decision.

LEARNING OUTCOMES

After successful completion of this course, students will be able to:

•  Understand the nature and role of administrative law.
  
• Understand the basis and importance of administrative powers in governance.
  
• Gain knowledge on the limit in the use of administrative powers.
  
• Gain knowledge of the Principles of Natural Justice, Application and Non Application of Natural Justice.
  
•  Learn different means of controlling administrative actions.
  
• Learn different remedies available for the breach of administrative powers
  

COURSE CONTENT

• Nature and functions of Administrative law;
  
•  Basic Constitutional principles- pillars of the state, the rule of law, separation of powers ministerial responsibility;
  
• Legislative powers of administration;
  
• Control of Administrative Bodies and the principles of natural justice, judicial remedies
  
• Administrative Adjudication;
  
•  Challenges and prospects in the application of administrative Law.
  

COMPULSORY READING MATERIALS

•  Bakshi P M, The Constitution of India: Selective comments, Universal Law publishing LTD.
  
• Brazier R, S De Smith, Constitutional and Administrative Law, By, Paperback Penguin
  
•  Craig P P, (2004). Administrative Law (3^rd Edition). Universal Law Publishing. New Delhi
  
•  Garner, J.F. (1970). Administrative Law. Butterworths,.
  

OPTIONAL READING MATERIALS

• Granville Austin, Working a Democratic Constitution The Indian Experience, 2000 OUP
  
• Halsbury’s Laws of India, Volume 1, Administrative Law, LexisNexis Butterworth, New Delhi 2004
  
• Mahendra P. Singh (2001). German Administrative Law in Common Law Perspe