Go back to your Legal Method Lessons and revisit your Lectures on Court System and Court Structure in Tanzania. Remember that Tanzania is a Union of two Sovereign Countries: Tanganyika and Zanzibar. Two Constitutions and Legal System operate concurrently in Tanzania. There is the Constitution of United of United Republic, 1977 and the Constitution of Zanzibar, 1984. Revisit Your Legal Method Lectures on Precedent and Stare decis . The position of a court within the structure determines how its decisions are treated as precedent. Some precedents have greater authoritative value than others.
13 Stare decis is a shortened form of the phrase: stare decisis et non quieta movere, that is, “to stand by precedents and not to disturb settled points”. Holding and Dicta: I am sure you remember that a judge/court is only bound by the Holding of the previous decision. Holding of a case is the rule of law that comes from that decision. The holding can be defined as the judgment plus the material facts of the case. Holding must include the Court’s decision as to the question that was actually before the court. Acknowledgements The compilation of this following two units of Tort Manual would have been impossible had not Dr. Michael Wambali and Dr. A. R. Migiro introduced me into the "Law of Tort" at the Faculty of Law, University of Dar es Salaam in 1986. I have as a result based my topics and lectures on instructions and lectures I
