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MZUMBE UNIVERSITY

FACULTY OF LAW
MBEYA CAMPUS

COURSE: LLB III


SUBJECT: CIVIL PROCEDURE LAW (LAW 324)
NATURE OF WORK: SEMINAR PRESENTATION
YEAR: 2010/2011
PARTICIPANTS:
1. NDEGE JOYCE
2. NDOSI OSCAR
3. MASANDA MARTHA
4. MAGOTI RACHEL
5. VERUS CRONERY
6. VIOLETH ASSEY
7. MASHELE GERALDINE
8. MAHAMUDU ALLY
9. KAGIMBO ERICK
10. ZACHAYO GEORGE
11. JOSEPH SUBIRA
12. KIBASA CELINE
13. FRANK NELSON
14. ABDULRAHMAN NAIMA
15. KIDYALA ERICK
16. KHUZWAYO SUZAN

1113/T.08
1115/T.08
1030/T.08
1016/T.08
933/T.08
910/T.08
1032/T.08
1018/T.08
963/T.08
1185/T.08
955/T.08
981/T.08
940/T.08
903/T.08
984/T.08
1001/T.08

QUESTION 5.
Section 6 of the Civil Procedure Act CAP 33 R.E 2002 prohibits any court to assume
pecuniary jurisdiction which such court do not have in law. Section 13 of the same statute
requires that any suit be filed in the court of lowest grade competent to try such suit.
These two provisions deal with jurisdiction of the courts. However, pecuniary jurisdiction
of courts in Tanzania are not found therein. Is this correct?

OUTLINE
1.0 INTRODUCTION
Meaning of jurisdiction
Meaning of pecuniary jurisdiction
2.0 MAIN BODY
Section 6 of the Civil Procedure Code Act
Section 13 of the Civil Procedure Code Act
Laws which provide for pecuniary jurisdiction of the courts in Tanzania

The Magistrates Courts Act CAP 11 R.E 2002

The Courts (Land Dispute Settlement) Act No. 2 of 2008

Draft Rules for the establishment of commercial court at the primary,


district and Resident Magistrates courts in Tanzania Mainland, Rules
of 2008.

CONCLUSION
BIBLIOGRAPHY

INTRODUCTION
When a suit is filed in a particular court, it must be determined whether that court has
authority to hear the suit/case. Usually, this authority is granted by statute which
establishes a particular court, constitution and any other law of the land. A court may
only adjudicate cases if it has authorization to do so. The term court jurisdiction refers to
the power of a court to oversee a certain case and to issue any rulings or orders associated
with the case.1
The term jurisdiction means the extent of the authority of a court to administer justice. 2
Also it can be defined as the power or authority of the court to hear and determine a
cause, to adjudicate and exercise any judicial power in relation to it.3
Jurisdiction of the court may be classified under the following categories: Territorial or
local jurisdiction, pecuniary jurisdiction, jurisdiction as to the subject matter, original
jurisdiction, appellate jurisdiction, extended jurisdiction, exclusive jurisdiction,
concurrent jurisdiction and revisional jurisdiction4
Pecuniary jurisdiction means jurisdiction that is governed by the value, in terms of
money, of the subject matter of the suit in question.5 Also pecuniary jurisdiction is kind
of jurisdiction dealing or considering value of money of the subject matter in issue.
MAIN BODY
Section 6 of the civil Procedure Code Act6 (hereinafter referred to as C.P.C.A), refers to
the pecuniary jurisdiction of the court. It provides that a court will have jurisdiction only
over those suits the amount or value of the subject matter of which does not exceed the
pecuniary limits of its jurisdiction. The expression subject matter refers not to the
1

http:www.wise.wisegeek.com/what-is-court-jurisdiction.htm
M. P. Jain, The Code of Civil Procedure, p. 6
3
K.C.Takwani. Civil Procedure, p33
4
Ibid at p. 39
5
B. D Chipeta, Civil Procedure in Tanzania: A student Manual, p. 6
6
CAP 33 RE 2002
2

property involved in the suit but the relief clamed and it is that which determines the
jurisdiction. Section 6 refers only to the courts power to entertain a suit.
Therefore, section 6 of C.P.C.A prohibits any court from assuming power in pecuniary
jurisdiction which such court does not posses under the law. But this section does not
provide pecuniary jurisdiction of the court. What this section does in only expressing how
jurisdiction should be exercised.
On the other hand, Section 13 of the C.P.C.A provides for the place of suing. It provides
that every suit shall be instituted in the court of lowest grade competent to try it. The
object of this section is that courts of higher grades shall not be over crowded with suits.
This was stated in the case of Bhuwaneshwari kuer .v. Raghubansh7. This is an Indian
case which has a high persuasive value in Tanzania.
This section is a rule of procedure not of jurisdiction and whilst it lays down that a suit
shall be instituted in the court of the lowest grade, it does not oust the jurisdiction of the
court of higher grade which they possess under the Act constituting them. In the case of
Kulthum Ally Kara .v. Yassin Osman8 the court held inter alia that all suits are to be
instituted in the court of lowest grade competent to try it. It should be noted that the court
of lowest grade as provided under section 13 of C.P.C.A does not mean that all
proceedings of civil nature shall be commenced in primary court.
Therefore, Section 13 of the C.P.C.A provides for the rules of procedure not of
jurisdiction as it was provided in the case of Francis s/o Mwijage .v. Boniface s/o
Kabalemeza9.
As it has been pointed above, Section 6 and Section 13 of C.P.C.A deal with jurisdiction
of the courts. However, pecuniary jurisdiction of the courts in Tanzania is not found
therein. Pecuniary jurisdiction of the courts in Tanzania is found in other statutes than the
C.P.C.A. as shown here under;

Air 1954 Pat 34 (DB)


[1968] HCD 340
9
[1968 ]HCD no.341.
8

The Law which provide for pecuniary jurisdiction for the Primary Court, District court,
Resident Magistrate Court and the High Court is Magistrates Courts Act10.
Before the enactment the Courts (Land Dispute Settlements) Act 11 there were two
types of pecuniary jurisdiction established under the Magistrates courts Act 12. There was
the pecuniary jurisdiction for movable properties and for immovable properties. As by
now, all ordinary courts save for the courts which are established under the Courts (Land
Dispute Settlements) Act have no jurisdiction whatsoever to adjudicate matters concerned
with immovable properties.
Pecuniary jurisdiction in respect to movable properties
Section 40(2) (b)

13

of Magistrates Courts Act, as amended by the Written Law

(Miscellaneous Amendment) Act14 provides for pecuniary jurisdiction of the Primary


Court, District court, Resident Magistrate Court and the High Court as follows;
District and Resident Magistrate courts exercise the same pecuniary jurisdiction as a
district court held by a resident magistrate or a civil magistrate and resident magistrate
courts held by a resident magistrate entertain all civil disputes with the lowest pecuniary
jurisdiction of ten million and not more than one hundred million.
Pecuniary jurisdiction of the High Court is impliedly provided to be above one hundred
million, there is no maximum limit of pecuniary jurisdiction. This is for other civil
disputes save for commercial disputes.
Pecuniary jurisdiction of the primary court is impliedly provided to be that of less than
ten million Shillings.
Further, it is important to note that, Primary Courts, have unlimited pecuniary civil
jurisdiction in all proceedings where the law applicable is Customary Law or Islamic
Law and in administration of the deceased Estate where the applicable law is Customary
10

[CAP 11 R.E 2002]


Act No.2 of 2002 as amended from time to time
12
CAP 11 R.E 2002
13
CAP 11 R.E 2002].
14
Act no. 25 of 2002.
11

or Islamic law as per Section 18(1)(a)(i) of Magistrates Court Act.15 In the case of
Mohammed Stambuli .v. Mwanaharusi Seleman,16 it was stated that; The Primary
Courts have no pecuniary limits to their jurisdiction on the administration of deceased
estate where the applicable law is Customary or Islamic Law and the estate is not
governed by the Marriage, Divorce and Succession (non-Christian Asiatic ) Ordinance.
Pecuniary Jurisdiction in respect to immovable properties.
The Courts (Land Dispute Settlements) Act17 provides for the pecuniary jurisdiction of
the Village Land Council, The Ward Tribunal, The District Land and Housing Tribunal,
The High Court (Land Division) and The Court of Appeal of Tanzania which are referred
to as courts under Section 167 of the Land Act18.
The pecuniary jurisdiction of the Ward tribunal in all civil matters relating to immovable
property (land) is limited to 3 Million Shillings. 19 The pecuniary jurisdiction for
immovable property in the District Land and Housing Tribunal 20 should not exceed 50
million shillings and in other properties which can be estimated should not exceed 40
million shillings.21 The High Court Land Division has jurisdiction for the recovery of
immovable property with value exceeding 50 million shillings.22
Pecuniary jurisdiction in respect to commercial cases
For commercial cases the Law which provide for pecuniary jurisdiction for the Primary
Court, District court, Resident Magistrate Court is Draft Rules for the establishment of
commercial court at the primary, district and Resident Magistrates courts in
Tanzania Mainland23. Rule 4 of the Draft Rules24 provides that; pecuniary jurisdiction
of Primary Courts when dealing with commercial cases shall not exceed fifteen million
for commercial debts arising out of contract or movable property and twenty million
15

[CAP 11 R.E 2002]


(1968) HCD 357.
17
Act No.2 of 2002 as amended from time to time
18
CAP 113 R.E 2002
19
The Courts (Land Dispute Settlements) Act Sect. 15
20
The Courts (Land Dispute Settlements) Act Sect 33(2)(a)(b)
21
Ibid Sect 33
22
Ibid Sect 37
23
Rules of 2008
24
Ibid.
16

shillings for immovable properties. For District or Resident magistrate courts when
dealing with commercial cases shall not exceed thirty million for commercial debts
arising out of contract or movable properties and fifty million shillings for immovable
properties.
CONCLUSION

Conclusively, the pecuniary jurisdiction of courts in Tanzania is not found in the Civil
Procedure Code Act but it is provided under other statutes including the Magistrates
Courts Act25, Draft Rules for the establishment of commercial court at the primary,
district and Resident Magistrates courts in Tanzania Mainland 26 and the Courts (Land
Dispute Settlements) Act27 as pointed above.

25

CAP 11 R.E 2002


Rules of 2008
27
Act No.2 of 2002 as amended from time to time
26

BIBLIOGRAPHY
STATUTES
The Civil Procedure Code Act CAP 33 R.E 2002
The Magistrates Courts Act CAP 11 R.E 2002
The Land Act CAP 113 R.E 2002
The Courts (Land dispute Settlement) Act No.2 of 2002 as amended from time to time
The written Laws (Miscellaneous Amendment) Act No.25 of 2002
Draft Rules for the establishment of commercial court at the primary, district and
Resident Magistrates courts in Tanzania Mainland of 2008
BOOKS
Jain, M.P (2007) THE CODE OF CIVIL PROCEDURE, Wadhwa and company Nagpur
Law Publishers, New Delhi, India.
Shivji, I.G, etal (2004) CONSTITUTIONAL AND LEGAL SYSTEMS OF TANZANIA,
Mkuki na Nyota Publishers Ltd, Dar-es-salaam.
MANUAL
Chipeta, B.D (2002) CIVIL PROCEDURE IN TANZANIA: A STUDENT MANUAL,
University of Dar-es-salaam Press Ltd, Tanzania.
OTHER SOURCES
http:www.wise.wisegeek.com/what-is-court-jurisdiction.htm Visited on 20th Dec, 2010 at
20:00 PM