Types of jurisdiction in Tanzania notes (guide & law applicable)

Here you will learn about all types of jurisdiction in Tanzania.

But before that let’s see what the jurisdiction is.

What is jurisdiction?

In simple terms, jurisdiction refers to the legal authority or power of a court to hear and decide on a particular case.

It sets the boundaries within which a court can operate, specifying the types of cases it can handle, the geographical area it covers, and the extent of its decision-making authority.

In essence, jurisdiction ensures order in the legal system by clarifying which court has the authority to address a particular dispute or legal matter.

It prevents confusion and establishes a structured framework for the legal resolution of diverse issues.

Types of Jurisdiction in Tanzania

In Tanzania, jurisdiction is typically categorized into different types, each specifying the scope and authority of a court in handling legal matters.

The primary types of jurisdiction in Tanzania include:

Territorial/Geographical jurisdiction

This type of jurisdiction refers to the physical location or territory where a court has the authority to hear and decide cases.

Tanzanian courts are often limited to specific regions, districts, or locality, and cases falling outside their designated areas may be under the jurisdiction of different courts.

Example:

The Resident Magistrate’s Court in Arusha has geographical jurisdiction over cases that originate within the Arusha region.

If a legal dispute arises in Arusha, the Resident Magistrate’s Court in Arusha would have the authority to hear and decide that case.

In most cases, the territorial jurisdiction of the court is determined by the law that establishes the court.

For example, the Constitution of Tanzania that establishes the High Court has clearly stated that the High Court will have jurisdiction to hear all cases in Tanzania.(see Article 108(2))

The same applies to the District and Resident Magistrate Courts.

The Magistrates’ Courts Act [CAP 11] clearly states that

There is hereby established in every district a district court which shall, subject to the provisions of any law for the time being in force, exercise jurisdiction within the district in which it is established (see section 4 (1))

I think that is clear, let’s move to another type;

Subject Matter Jurisdiction

Subject matter jurisdiction deals with the types of cases or legal issues a court is authorized to handle.

Different courts in Tanzania may have specific subject matter jurisdiction.

for example, If you’re dealing with a land-related issue in Tanzania, the law is clear about where you should go.

According to Section 3 of the Land Disputes Courts Act of 2002, you need to bring your case to specific courts: the Village Land Council, the Ward Tribunal, the District Land and Housing Tribunal, the High Court (Land Division), or the Court of Appeal of Tanzania.

If you file your land case anywhere else, your case will be rejected.

So, it’s essential to stick to these designated courts to make sure your land-related matters are properly addressed and handled in line with subject matter jurisdiction.

REMEMBER: no primary court shall have jurisdiction in any proceedings of a civil nature relating to land

Pecuniary (Monetary) Jurisdiction

Pecuniary jurisdiction sets the financial limits within which a court can make decisions.

This kind of jurisdiction usually applies to civil cases.

In Tanzania, the pecuniary Jurisdiction of primary, district, and resident Magistrates Courts is provided under The Magistrates’ Courts Act [CAP 11 R: E 2019]

Pecuniary Jurisdiction of Primary Court

1. a primary court has the authority to handle cases related to civil debts, rent, or interests owed to the Republic, any district, city, municipal, or town council, or township authority, rights of occupancy, leases, subleases, or contracts if the value of the subject matter is not more than fifty million shillings. This includes counter-claims and set-offs of a similar nature within the same value limit. (Section 18 (1) (a) (ii))
2. for the recovery of any civil debt arising out of the contract, if the value of the subject matter of the suit does not exceed thirty million shillings, and in any proceeding by way of counterclaim and set-off therein of the same nature not exceeding such value.(Section 18 (1) (a) (iii))

Pecuniary Jurisdiction of District Court

1. in proceedings for the recovery of possession of the immovable property, to proceedings in which the value of the property does not exceed three hundred million shillings; (Section 40 (2) (a))
2. in other proceedings where the subject matter is capable of being estimated at a monetary value, to proceedings in which the value of the subject matter does not exceed two hundred million shillings (Section 40 (2) (b))

Pecuniary Jurisdiction of District Court in Commercial Cases

1. in proceedings for the recovery of possession of the immovable property, to proceedings in which the value of the property does not exceed one hundred million shillings (Section 40 (3) (a))
2. in the proceedings where the subject matter is capable of being estimated at monetary value, to proceedings in which the value of the subject matter does not exceed seventy million shillings. (Section 40 (3) (b))