The question of jurisdiction is not a matter of technicality is a matter of law.

INTRODUCTION

Article 4 of the Constitution of United Republic of Tanzania[1] provides on separation of powers where three organs of the state are stated with its exclusive powers which are to be performed without interference from each other. Judiciary is among organs of the state stated under article 4, but established under article 107A(i), where it is imposed with judicial powers in dispensing justice. Judiciary of Tanzania is made up of several kinds of courts with different official powers in entertaining matters. The judicial hierarchy of United Republic of Tanzania comprises five courts, to list them the first one is Primary Court (P.C), District Court (D.C). Resident Magistrates Courts (RMs), High Court (H.C) and Court of Appeal of Tanzania (C.A.T)[2]. All these five courts are imposed with different powers in handling civil and criminal matters except for DCs and RMs with same powers, when one is about to institute civil or criminal case before court of law, must prior consider powers imposed to that particular court so as to avoid nullity of its judgments later. According to the law, any matter determined by a court with no jurisdiction is null and void and lacks legal force.

Jurisdiction is the legal term which means the official power of the court to make legal decisions and judgments[3]. Not every kind of suit can be instituted at any court randomly, there is a procedure and a person is required to follow the hierarchy of the courts while handling his legal matters. A civil suit which falls within jurisdiction of primary court cannot be taken to District Court or High Court unless there is a legal room to do so. As per section 13 of The Civil Procedure Code[4], every suit shall be instituted in the court of the lowest grade competent to try it and a court of a resident magistrate and a district court shall be deemed to be courts of the same grade. Basing on this provision, all suits must be instituted at the courts of lowest grade with jurisdiction to try it before sending them to superior courts in the hierarchy except for District Court and Resident Magistrates Courts which are courts of the same grade or powers, anything falls within jurisdiction of District Court falls within jurisdiction of RMs either, a person may decide to institute his suit at DCs or RMs but cannot skip primary court if the matter on hand falls within jurisdiction of the primary court located within the territory when cause of action happened. Likewise, A person cannot skip DCs and RMs and take a matter to High Court when the DCs and RMs have jurisdiction to entertain the matter.

MAIN CATEGORIES OF JURISDICTION

Territorial jurisdiction. This is the power of the court to hear and determine matter basing on its geographical location[5], every court has its limited geographical areas where it operates except for High Court which has unlimited jurisdiction. The Primary Courts which are established and given powers under section 18 and 19 of The Magistrates Courts Act[6], have powers only within the wards where they are established. Districts courts likewise given legal authority within the districts where they are established, Resident Magistrates Courts given powers within region they are established. The High Courts is not tied to a particular geographical location, it operates country wide on Tanzania main land except for Zanzibar where there is a High Court of Zanzibar. Court of appeal has no original jurisdiction and cannot hear any matter for the first time, court of appeal has appellate jurisdiction where all appeals originate from Resident Magistrates with extended jurisdiction and High Court of Tanzania mainland and Zanzibar are lodged, there is only one court of appeal shared by both Tanzania mainland and Zanzibar.

Pecuniary jurisdiction. This is the power of the court to entertain matter basing on its pecuniary value[7]. A term pecuniary originates from a Latin term ‘pecunia” which means money, hence pecuniary is defined as monetary value[8]. The courts in the hierarchy are imposed with different powers on handling matters basing on its pecuniary value, the primary courts as provided in MCA[9], they are entitled powers to hear civil matters with pecuniary value of thirty million shillings for immovable property and fifty million for movable property, District Court under section 40(3) of MCA are entitled powers to hear civil matters with pecuniary value of seventy million shillings for immovable property and one hundred million for movable property which is the same to RMs. The High Court has unlimited jurisdiction, it can hear matter of any value above one hundred million Tanzanian shillings, H.C is unlimited to hear matters above 100 million Tanzanian shillings but limited to hear matters which falls with jurisdiction of subordinate courts, a High Court cannot hear and determine a manner whose pecuniary value is 50 million shillings while that value falls within jurisdiction of the subordinate courts. The Court of Appeal is entitled to hear any appeal of any value originates from Resident Magistrates with extended jurisdiction and High Court of Tanzania mainland and Zanzibar.

Subject matter jurisdiction. This is the power of the court to hear cases of a particular type or particular subject matter. For-example, commercial court of Tanzania is a special court for commercial cases only. Land Division of High Court is special for land matters, Labour Division for labour matters and Juvenile Court for minor matters. These are courts established to deal with a particular kind of cases without mixing up other type of cases.

OTHER CATEGORIES OF JURISDICTION

Original jurisdiction. This is the exclusive power of the court to hear matter for the first time[10], for-instance, the High Court has original jurisdiction on murder cases. A murder case cannot be heard by any other court apart from High Court. A murder case can be instituted before District Court or Resident Magistrates Court for committal proceeding but not for actual trial. Land and Housing Tribunals are given original jurisdiction to try all matters relating to land, all civil claims arising from land are legally required to be instituted before Land Tribunals, no one is allowed to institute land matters before High Court or subordinate court without prior lodging the same to land tribunals. Also, trade disputes are required to begin at the business tribunals not going direct to the High Court, business tribunals are entitled original jurisdiction to try business related claims.[11]

In Richard Ndahalawe v. Tanzania Harbours Authority[12], it was held that, “trade disputes have to follow the prescribed procedure and there is no room for going to the High Court straight. The High Court has no original jurisdiction to entertain trade disputes”. Generally, High Court lacks original jurisdiction over trade and land disputes, it only has appellate jurisdiction to trade and land matters.

Appellate jurisdiction. This is the power of the court to hear matters on appeal, it means the matter has already been heard by lower court, For-instance an appeal from District/RMs to High Court as provided under section 20 and 25 of the Magistrates Court Act, or appeal from High Court to Court of Appeal of Tanzania or appeal from primary court to District Court. The appeals may also come from tribunals established for specific subject matter, appeal may originate from ward land and housing tribunal to district land and housing tribunal to High Court land division. Also, High Court has appellate jurisdiction over all appeals originating from trade tribunals.

Extended jurisdiction. This is the power given to resident magistrate to hear matters that would normally fall within the jurisdiction of High Court. An appeal from a resident magistrate with extended jurisdiction is lodged before court of appeal and not High Court as per section 45 of the Magistrates Courts Act. Not every resident magistrate has extended jurisdiction, extended jurisdiction is a special privilege which may be given to a magistrate by chief justice. There are other categories of jurisdiction such as, concurrent jurisdiction, revisional jurisdiction and judicial review jurisdiction.

THE QUESTION OF JURISDICTION IS NOT A MATTER OF TECHNICALITY

Jurisdiction is the power to, or limit to which court may exercise its powers, jurisdiction is the matter of law and it goes direct to the root of the court function. Court of law cannot exercise powers which are not given to it by statute hence the question of jurisdiction is not a matter of technicality but a core legal requirement for the proper exercise of powers imposed to court of laws.[13] Where court tries or inquires into any case in which it has no jurisdiction to do so, such proceedings are nullity.

In Melisho Sindiko v. Julius Kaaya[14] a primary court tried a civil suit whose pecuniary value exceeds the pecuniary value of primary court hence the entire proceedings and decision were null from day one. The court of appeal ordered to set aside the entire decision of the court.

In Abdu Hassan v. Mohamed Ahmed[15], the plaintiff filed a civil suit in Bunda District Court claiming shs. 280,460/00 being the value of diverse merchandise allegedly delivered to the respondent upon contract. The district magistrate heard the suit and decided it. The resident magistrate, on noting the case, forwarded it with recommendations for revision to the High Court. It later on appeal held that, (i) The High Court revisional powers under section 79(1) of the Civil Procedure Code of 1966 are limited to cases where no appeal lies and issues such as whether the subordinate court has exercised jurisdiction not vested or, if vested, whether it has failed to exercise the same or has acted illegally or with material irregularity. (ii) revision taken under the magistrate’s court act of 1984 has no limitation. (iii) the trial magistrate lacked pecuniary jurisdiction to entertain the matter and the proceedings are a nullity.

CONCLUSION

A matter of jurisdiction is necessary when one is trying to institute a suit, a court cannot depose a valid judgment if it had no jurisdiction from day one even if the procedures of handling the matter were valid. Courts are not supposed to exceed their powers either, they have to function only within their limited powers. Jurisdiction is a matter of law and must be followed, our courts are established under various laws in Tanzania which set limitation to its powers. The subordinate courts to say Primary Courts, District Courts, Resident Magistrates Courts are established under The Magistrates Courts Act section (20,40-60), the High Court of United Republic of Tanzania is established under article 107A and its powers are clearly stated under that article, Court of Appeal of Tanzania is established under the Court of Appeal Act, where it is imposed only appellate jurisdiction to hear appeals from High Court of Tanzania and Zanzibar and appeals from resident magistrates court under magistrates with extended jurisdiction. Court of appeal lacks original jurisdiction hence no any criminal case or civil suit can be filed for hearing at court of appeal of Tanzania for first time.

 

 

 

REFERENCE

BOOKS

B.D. Chipeta (2019), Magistrates Manual, Law Africa Publishing, Pg 3.

D.F. Mulla, Code of Civil Procedure 1908: in 2 volumes.

UDSM, “Civil Procedure Manual, 2002

 

STATUTES

The Constitution of United Republic of Tanzania, Cap 2 of 1977. Art. 4.

The Civil Procedure Code, Cap 33 R: E 2019. Section 13.

The Law of Limitation Act [CAP. 89 R.E. 2019]

The Magistrates Courts Act, Cap 11 R: E 2019. Section 18 & 19.

 

OTHER

Common wealth governance, “judicial system in united republic of Tanzania” available at <https://www.commonwealthgovernance.org/countries/africa/united_republic_of_tanzania/judicial-system/> accessed May 12, 2022.

Britannica, “jurisdiction”, available at < https://www.britannica.com/topic/jurisdiction> accessed May 12, 2022

Yesaya, J., “concept of jurisdiction in Tanzania”, available at <https://www.tanzanianweb.co.tz/2020/12/concept-of-jurisdiction-in-tanzania.html> accessed May 12, 2022

Sheria na Jamii, “Meaning and types of jurisdictions”, available at < https://sherianajamii.com/2021/01/meaning-and-types-of-jurisdiction.html> accessed May 12, 2022

Jaba, “brief facts about court jurisdiction”, available at <http://jabashadrack.blogspot.com/2010/05/brief-facts-about-courts-jurisdiction.html> accessed May 12, 2022

BallotPedia, “original jurisdiction”, available at < https://ballotpedia.org/Original_jurisdiction”, accessed May 12, 2022.

LII, “original jurisdiction”, available at https://www.law.cornell.edu/wex/original_jurisdiction accessed May 12, 2022 

CASE LAWS

Richard Ndahalawe v. Tanzania Harbours Authority, Civil Case No. 422 of 2002(H.C)

Melisho Sindiko v. Julius Kaaya, [197] LRT No 18

Abdu Hassan v. Mohamed Ahmed (1989) TLR 181 (H.C)

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[1] The Constitution of United Republic of Tanzania, Cap 2 of 1977. Art. 4.

[2]Common wealth governance, “judicial system in united republic of Tanzania” available at <https://www.commonwealthgovernance.org/countries/africa/united_republic_of_tanzania/judicial-system/> accessed May 12, 2022.

[3] Britannica, “jurisdiction”, available at < https://www.britannica.com/topic/jurisdiction> accessed May 12, 2022

[4] The Civil Procedure Code, Cap 33 R: E 2019. Section 13.

[5] Yesaya, J., “concept of jurisdiction in Tanzania”, available at <https://www.tanzanianweb.co.tz/2020/12/concept-of-jurisdiction-in-tanzania.html> accessed May 12, 2022

[6] The Magistrates Courts Act, Cap 11 R: E 2019. Section 18 & 19.

[7] Sheria na Jamii, “Meaning and types of jurisdictions”, available at < https://sherianajamii.com/2021/01/meaning-and-types-of-jurisdiction.html> accessed May 12, 2022

[8] Jaba, “brief facts about court jurisdiction”, available at <http://jabashadrack.blogspot.com/2010/05/brief-facts-about-courts-jurisdiction.html> accessed May 12, 2022

[9] ibid

[10] BallotPedia, “original jurisdiction”, available at < https://ballotpedia.org/Original_jurisdiction”, accessed May 12, 2022.

[11] LII, “original jurisdiction”, available at https://www.law.cornell.edu/wex/original_jurisdiction accessed May 12, 2022 

[12] Richard Ndahalawe v. Tanzania Harbours Authority, Civil Case No. 422 of 2002(H.C)

[13] B.D. Chipeta (2019), Magistrates Manual, Law Africa Publishing, Pg 3.

[14] Melisho Sindiko v. Julius Kaaya, [197] LRT No 18

[15] Abdu Hassan v. Mohamed Ahmed (1989) TLR 181 (H.C)