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))

The Court of Resident Magistrate generally has and exercises the same pecuniary jurisdiction as a district court held by a resident magistrate or a civil magistrate.

Pecuniary Jurisdiction of the High Court

To cut the long story short, the pecuniary jurisdiction of the High Court starts where the pecuniary jurisdiction of District Court ends.

for example While in Commercial Cases where the subject matter is capable of being estimated at monetary value, the Discetict court has a pecuniary jurisdiction when the value does not exceed seventy million shillings, High Court pecuniary jurisdiction is from seventy million shillings and beyond.

I’m sure you have got my point.

let’s move to another type;

Original Jurisdiction

Original jurisdiction refers to the court’s authority to hear a case for the first time.

Original jurisdiction entails that a specific type of case must start and be heard initially in the lowest court before going to the higher courts.

Original jurisdiction of Primary Courts

Original jurisdiction of District Courts

Original jurisdiction of Resident Magistrates Courts

Appellate Jurisdiction

Appellate jurisdiction refers to a court’s authority to hear and review appeals from lower courts.

In its role of appellate jurisdiction, the higher court can annul the decision of the lower court, instruct the lower court to reconsider the case, or direct the lower court to gather extra evidence, along with any other suitable orders.

Section 20 of the Magistrates’ Courts Act grants district courts the authority to consider appeals from primary court decisions.

Also as per Section 4 of the Appellate Jurisdiction Act, Cap 141, the Court of Appeal is authorized to consider and make decisions on appeals originating from both the High Court and subordinate courts with expanded jurisdiction.

Concurrent jurisdiction

Concurrent jurisdiction refers to a situation in which more than one court or legal authority has the power to hear and decide a particular type of case.

In other words, multiple courts, at the same level or different levels, have the authority to handle the same kind of legal matter.

Each court with concurrent jurisdiction can independently exercise its powers over the case, and parties involved have the option to choose the court in which they want to file their case.

For instance, under Tanzania’s Marriage Act, Section 76 states that the authority to hear matrimonial proceedings initially lies concurrently with the High Court, a resident magistrate’s court, a district court, and a primary court.

It’s recommended to initiate a case at the lower court, even when there’s concurrent jurisdiction.

other types of jurisdiction

Extended Jurisdiction

Extended Jurisdiction refers to the situation where a magistrate in a subordinate court is granted the authority to handle cases that are typically beyond the jurisdiction of subordinate courts.

It’s important to highlight that extended jurisdiction is not granted to the courts themselves but rather to the magistrates.

For instance, in Tanzania’s legal system, the resident magistrate can be empowered by the Minister responsible for legal affairs to handle specific categories of offences or cases that would usually fall under the jurisdiction of the High Court.

The Minister defines the scope within which this extended authority can be exercised.

In such instances, a magistrate with extended jurisdiction holds the power to impose sentences that are legally permissible in the High Court.

Notably, any appeal or revision of the magistrate’s decision during the exercise of extended jurisdiction treats the resident magistrate as if they were a judge of the High Court.

The court presided over by the magistrate during extended jurisdiction is considered equivalent to the High Court for these purposes.

Supervisory Jurisdiction

Supervisory Jurisdiction is a type of jurisdiction granted to higher courts, enabling them to oversee and monitor the actions of lower courts while they exercise their jurisdiction.

For instance, the High Court of Tanzania holds general supervisory powers over all courts in the execution of their jurisdiction.

In exercising this supervisory jurisdiction, the High Court may perform actions such as calling for and examining the records of any proceedings in a district court or primary court.

This includes scrutinizing records or registers to ensure the accuracy, legality, and propriety of any decision or order, as well as verifying the regularity of the proceedings.

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Now it’s your time

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