The Quest for Timely Civil Justice Dispensation: A Discussion of Case Management System Applied in the High Court of Tanzania

Abstract

This research examines the systemic deficiencies in Tanzania’s High Court Civil Justice Case Management System (CMS), with particular emphasis on its three foundational components: case scrutinisation, event scheduling, and procedural control. The study employs a comprehensive analysis of current legal frameworks and procedural mechanisms to evaluate the system’s effectiveness in facilitating timely justice delivery. The investigation reveals significant structural weaknesses across multiple phases of civil proceedings. At the admission stage, inadequate initial case scrutinisation allows flawed cases to progress through the system, necessitating subsequent judicial intervention during judgment writing. The research identifies critical gaps in statutory time management, particularly in pre-trial proceedings where temporal constraints remain undefined. The hearing phase demonstrates similar systemic shortcomings, lacking prescribed commencement timeframes and allowing indefinite extensions of speed tracks. Furthermore, the study uncovers substantial deficiencies in appellate proceedings, specifically in the scrutinisation and scheduling of appeals, revisions, and auxiliary applications. While the system implements a ninety-day rule for judgment delivery and implies scrutinisation duties, it lacks robust enforcement mechanisms, ultimately compromising judicial efficiency. This analysis contributes to the scholarly discourse on judicial reform by highlighting how structural inadequacies in case management systems can impede civil justice administration. The research concludes by proposing targeted reforms to enhance the existing CMS framework, potentially offering insights for similar jurisdictions grappling with case management challenges.