BRIEF FACTS ABOUT COURT’S JURISDICTION IN TANZANIA

 By Jaba Shadrack, UDSM – School of Law, 2010

COURT JURISDICTION

Definition: It is the power of the Court to determine/hear/entertain a certain matter/issue/case/dispute

Court's jurisdiction is restricted in three main ways: i.e. Geographical location of the Court, Subject Matter, and Value of the subject matter

OTHER HINTS ON JURISDICTION IN TANZANIA

(i) Original Jurisdiction: exclusive power of the Court to receive and hear the matter. E.g. the H.C in murder cases of constitutional petition. [ss. 40, 41 of MCA, 1984).

(ii) Appellate Jurisdiction: the power of the court to hear the matter on appeal. It means the matter has already been heard by the lower Court. E.g. Appeal from District/R. Magistrate Court to the High Court. [SS. 20, 25 of MCA, 1984].

(iii) Concurrent Jurisdiction: means more than one Court has jurisdiction over the matter. E.g. Divorce petition can either be filed in Primary Court, D.C, RMC or H. Court; S. 66 of the Law of Marriage Act, 1971, S.63 of MCA, 1984 {Contra, S. 13 of The CPC}.

(iv) Court of first instance: the court where the case is filed/lodged i.e. where the matter is heard for the first time.

(v) Extended Jurisdiction: power given to a resident magistrate to hear matters that would otherwise fall in the original jurisdiction of the High Court. Appeal from decision of the RM with extended Jurisdiction is lodged in the Court of Appeal. (s. 45 of MCA, 1984).

(vi) Review: power of the court to revisit or correct its previous decision.

(vii) Revisional Jurisdiction (supervisory power): power of the upper court in the hierarchy to correct or revisit the decision of the lower court. [ss.22, 31, 43(2), 44 of MCA, 1984].

(viii) Judicial Review: the power of the High Court to determine the legality of the decision of administrative tribunals or actions of administrator/s.

(ix) Transfer of cases: refer; Section 47 – 49 of MCA, 1984.

………………………………….………………………………