Assessing Certification on Points of Law as a Gatekeeper to the Court of Appeal of Tanzania: Implications for Access to Civil Justice

Abstract

This article assesses the mandatory requirement for a certificate on a point of law, granted by the High Court as a jurisdictional gateway to the Court of Appeal of Tanzania (CAT) under the Appellate Jurisdiction Act. The Tanzanian constitutional and statutory framework recognises appeal rights, subject to legislative and procedural limits. However, in matters requiring a certificate on a point of law, the requirement remains mandatory, and when the High Court with exclusive jurisdiction refuses it, the refusal is not appealable. The study adopts a doctrinal methodology. It finds that, although certification aims to limit appeals to points of law, strict compliance often hinders access to civil justice in the CAT. The article recommends explicit, prescriptive standards supported by a purposive judicial approach that prioritises ensuring that procedural rules do not undermine the constitutional principle of access to justice.