THE ROLE OF THE JUDICIARY IN DEVELOPING JURISPRUDENCE IN PROBATE AND ADMINISTRATION OF ESTATE CASES: A CRITICAL REVIEW OF BEATRICE BRIGHTON KAMANGA & AMANDA BRIGHTON KAMANGA VERSUS ZIADA WILLIAM KAMANGA
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https://doi.org/10.55662/Abstract
This case review focuses on the High Court judgment in the above cited decision. In doing so, we are guided by two critical statements from renowned contemporary jurists. Firstly, the statement by Prof. Sandra Liebenberg, who holds the view that: ‘as academic and civil society we should not be afraid of criticising court judgments or advocating different interpretations and responses (to court judgments)’. Secondly, Hon. James Mwalusanya (the late Tanzanian High Court Judge) once remarked that:
Judgments or sentences of the Court are matters of public interest and so should be (subjected) to comment. The days have gone when a judge’s pronouncements were accepted as the product of an arcane process of reasoning supposedly beyond the comprehension of lesser mortals.
It should, however, be noted that, although we have the right to discuss and comment on the decision of the High Court of Tanzania in the case under review, our comments cannot invalidate what the Court adjudicated thereunto.
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