Walimu Jilala v. John Mongo, (PC) Civ. App. 144-M-67, 25/1/68 Mustafa J.

Walimu Jilala v. John Mongo, (PC) Civ. App. 144-M-67, 25/1/68 Mustafa J.

Plaintiff sued defendant in Primary Court and sought damages of Shs. 5240/- The claim arose out of a contract by which defendant agreed to transport bags of millet for plaintiff. Judgment was for plaintiff, and defendant appealed, first to the District Court, and then to the High Court.

            Held: (1) Primary Court has no jurisdiction to try civil cases unless customary law or Islamic law is applicable or the proceedings are for the recovery of civil debts or interest due to the Republic, Government or any municipal, town or district council. (2) The Magistrates’ Courts Act, section 14(i),(ii) provides that a Primary Court Magistrate has jurisdiction in respect of civil suits no exceeding shs. 2000/-. This section does not confer the power to hear civil suits other than those mentioned above, but merely places a monetary limit on the jurisdiction of the court in those cases in which it has jurisdiction to hear the subject matter of the suit.(3) Plaintiff (respondent) argued that costs should not be allowed because it is the practice of Primary Courts to hear cases involving private civil debts even though they have no jurisdiction to do so.

The Court is aware of this practice. Taking all these factors into consideration, appellant should be awarded costs of Shs. 400/- as costs in the appeal. Appeal allowed.