Mohamedi Ngonyani v. Mtumwa Dodo, (PC) Civ. App. 34-D-67; 6/5/67; Duff, J.
Defendant appeal an ejectment order issued by a primary court with respect to premises which he occupied.
Held: The case involved no matter of customary law (see Magistrates’ Courts Act, Cap. 537,s. 14) and the action is not one which the court is empowered to hear pursuant to Part 11 of the First Schedule to Cap. 537. Therefore, the Primary Court lacked jurisdiction. The case should have been instituted before the Rent Restriction Board, and the court to which the matter should have been referred is the Resident Magistrate’s (Rent Restriction (Amendment )(No. 2.) Act 1966, s. 11A).
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