Concept of jurisdiction in Tanzania.

JURISDICTION

"Section 13 of the Civil Procedure Code provides that – every suit should be instituted in the Court of the lowest grade competent to try it",

What is Jurisdiction?

Is the official power of the court to hear and determine matters which are instituted before a tribunal. Jurisdiction is a question of law – a creature of statute e.g. in Tanzania the High Court is established by the Constitution and the subordinate courts are established by the Magistrates Court Act, No. 2 of 1984. Jurisdiction is determined before the beginning of the proceedings. 

Refer the case of Anisminic Case – which is just persuasive for Tanzania.

TYPES OF JURISDICTION

1. Territorial Jurisdiction

Every court has a limited area is i.e. geographical area – in which it operates. This is provided by statute establishing that court and in some cases by the subsidiary legislation.

In Tanzania there is only one court having jurisdiction over the whole country, this is the High Court of Tanzania.

There are two High Courts in the United Republic of Tanzania. These are – the High Court of the United Republic of Tanzania and the High Court of Zanzibar. The two High Courts have concurrent jurisdiction.

Note: The High Court of the United Republic has no jurisdiction over matters of Zanzibar but over matters arising from the mainland, except over matters relating to election. The High Court of Zanzibar has no jurisdiction over election petitions arising from the Mainland but for matters of petitionar arising from the House of Representatives.

The High Court of the United Republic of Tanzania has several registries. However the High Court has no territorial limit. 

The High Court Registries Rules give guidance on the procedure of filing a case in registry in which the case arises, or the area where the parties reside. There is an exception to this rule depending on the circumstances of the case therefore, a case can be filed in any registry but it will be transferred to its proper registry.

District Court

Territorial jurisdiction of a District Court is the boundaries for which the district is established. 

Refer the Magistrates’ Courts Act, 1984.

Note: That there are two types of District Magistrates. Those designated as Civil Magistrates - who are entitled to hear civil cases. And those not designated to hear civil cases.

Resident Magistrate’s Courts

Magistrates of the RM’s Courts have a wider jurisdiction. Their territorial jurisdiction is the region in which that court is established. 

Refer the Magistrates’ Court Act, 1984.

Primary Courts

Territorial jurisdiction of Primary Court is limited to the district where it is established.

Eg. the Primary Court Manzese is the Primary Court of Kinondoni at Manzese.

Jurisdiction in respect of Immovable Property

The court in which area the property is situated has jurisdiction over the property. In claims relating to immovable property the party can chose between where the claim arose and the area where the other party voluntarily resides and/or works for gain. Primary Court has unlimited jurisdiction over property held under customary law and in matters of Islamic Law. 

2. Exclusive Jurisdiction

This is jurisdiction vested in a particular court in exclusion of any other court.  This jurisdiction is normally vested in that court by a statute e.g. Workmen’s Compensation Ordinance which vests exclusive original jurisdiction over matters relating to the Ordinance to the District Court; and the Rent Restriction Act(REPEALED & LAND ACT CAP 113 IS IN EXISTANCE) which grants exclusive original jurisdiction over matters relating to landlord and tenant to the Housing Tribunal.

3. Concurrent Jurisdiction

Courts are said to exercise concurrent jurisdiction when they can exercise original jurisdiction over the same matter.

4. Pecuniary Jurisdiction

 Refer to Magistrates Courts Act, 1984.

All courts except the High Court are courts of limited jurisdiction.

Note:

-1- The Magistrates Courts Act provides for unlimited jurisdiction over Islamic & Customary Law to Primary Courts but the Act does not provide specifically for exclusive jurisdiction over civil matters related to Islamic and Customary Law.

-2- Under the MCA all civil proceedings in respect of Islamic and Customary law must be commenced in primary court unless the Republic or the President is a party or the High Court has granted leave to the parties to otherwise commence the civil proceedings.

-3- A primary court has no jurisdiction to civil case unless customary law is a applicable or the proceedings are for the recovery of civil debts of interest due to the United Republic of Tanzania or Local Authorities.