1.

0 Introduction

Meaning of key concepts

Jurisdiction, refers to the power of the court to hear and determine cases. It is the vested that
the court has power to hear and determine a certain case. It is the creature to statute where by
statute confers authority to a certain court to hear and determine certain matters. Civil
jurisdictions, refers to the power (authority) of a court to hear and decide despute (conflict)
between individuals or organisations.1 High court of Tanzania mainland, is a superior court that
handles civil and criminal matters. It can also hear appeals from lower (subordinate) court. In
Tanzania high court is established under article 108(1), 2 Also in the High Court there is
existence (presided) by Judge. This is prove by virtue of article 109(1), 3 provide that there must
be a Principal Judge and other Judges of High Court who shall notless than thirty. Judge are
precident pointed appointees.4

2.0 Civil Jurisdiction of the High Court

Here are the ways that the civil jurisdiction of the High Court occurs

2.1 Territorial Jurisdiction

Refers to the authority of a court to hear and decide case within a specific geographical region
or area. High Court of Tanzania is established under article 108(1), 5 according to that article the
High Court of Tanzania has jurisdictions all over Tanzania-mainland. Hence , on Tanzania
mainland High Court has unlimited territorial jurisdictions. However, there are High Court
registry Government Notes (GN) of 1984 which gives the guidance on filing the case in the
parties are advised to file their case in nearby registry where the parties resides and where the
1
Https://www.judiciary.uk

2
The constitution of the United Republic of Tanzania cap. 2 of 1977 as amended from time to time

3
Ibid Article 109(1)

4
Shivaji I.G, Constitution and legal system of Tanzania , (Mkuki na Nyota, 2004) 226.

5
Ibid Article 108(1)
cause of action arouse .For instance, this was seened in the case of Ahmed Ismail v. Juma
Rajabu ,6 The Court noted that, the High Court of Tanzania has no jurisdictions to entertain the
case of Tanzania-Zanzibar . So the High Court of Zanzibar is dependent themselve without
interfering by High Court of Tanzania.

2.2 Pecuniary jurisdiction

Refers to the legal authorities of a court to hear and decide causes based on manetary value or
financial amount involved in a dispute. High Court of Tanzania have unlimited pecuniary
jurisdictions. It is worthy to note that determine the pecuniary jurisdiction of the High Court is
specific damage and not general damage, as it can seen in the case of Tanzania China
Friendship textile Ltd V. Our Lady of Usambara Sisters(supra), 7he High Court's commercial
Division ruled in favor of Sisters, awarding them the production costs and Tzs 7,500,000 in
general damage, along with interest and legal costs. Tanzania -China Friendship textile Co.Ltd.
were dissatisfied with this result (outcome). appealed the decision,challenging the court's
jurisdiction and the basic for award.The court's of appeal upheld the High Court's decision,
affirming that the textile company had breached the term of the special order by distabing the
exclusive fabrics without authorization. But after amendment of section 13 of the civil
procedure code,8 especial it's proviso, it seems like position has slightly changed, the High Court
can entertain (hear) the case even if it's value could be determined by Primary court. This obiter
dictum was started in the case of Ayvvana Felix Terri v. Mic Tanzania company Ltd. 9

2.3 Appellate jurisdiction

Refers to the authority (power) of the High Court to hear and decide appeals from decisions
made by lower court or tribunal. when a party is dissatisfied with the judgement of a
subordinate (lower) court, they can file an appeal to the High Court for a review of the decision.
Appellate court work through review Lower court decision, correcting of an errors and change
6
(1982) HCT 13 (unreported)

7
(2006)TLR

8
Cap.33 [R.E. 2019]

9
(2019) HCT, civil case no.5 (unreported)
the outcome of the lower court (varying decision) of the lower court (primary court, District
court and Residents Magistrate Court. 10It can be seen in the case of Director of Public
Prosecution v. David Pete.11 The court of appeal of Tanzania ruled (held) that while preventive
detention laws may not be outright unconstitutional they may contain adquate safegurds to
protect individual rights and prevent arbitrary detention. The decision emphasized that the
constitution takes precedence, thus upholding the protection of fundamental right. Therefore,
the ruling significantly favoured Daud Pete's argument regarding constitutional safegurds and
due process.

2.4 Inherent Jurisdiction

Refers to the power of a court to hear and determine matters that are necessary for the
administration of justice, even if such power are not explicity provided by statutory laws. These
power are consider to be inherent or naturally belongings to the legal system. The High Court of
Tanzania has the power to adjudicate on a certain matters that has not expressly provided by
the law. This is by virtue of section 95(1) of the civil procedure code,12 where this subsection
states that if a court grants an order for arrest, attachment of property, or an injunction based
on an application that is later found to be "without sufficient grounds," the court has the
authority to award compensation to the affected party. Also give more explaination in
subsection(2), where by this subsection specifies how the court should determine the amount
of compensation awarded under section 95(1). It outlines that the court should consider factors
like the actual loss suffered by the affected party due to the wrongful arrest, attachment, or
injunction, as well as any other relevant circumstances.

2.5 original jurisdiction

Refers to the authority of court to hear and decide a case for the first time as opposed to
reviewing a decision made by the subordinate court. In Tanzania, the High Court exercise it's
own original jurisdiction provided by the constitution of United Republic of Tanzania (1977) and
10
https://www.comell.edu

11
(1993) TLR 22

12
Ibid(page 2)
other statutory laws. This jurisdictions allows the High Court to hear and decide cases at the
first time (instance) without the matter being handles by a lower court. It reflected in Section
2(1) of the Judicature and Application of Laws Act (JALA) of Tanzania,13 states that the High
Court has unlimited jurisdiction in civil and criminal matters. This means that the High Court's
jurisdiction cannot be limited by an agreement between parties, unless the statute explicitly
states so. Also in section 37 of the Land Division Act,14 state that, this section essentially states
that the High Court Land Division has the power to hear and decide original land disputes,
which means cases can be first filed there directly. These provision collectively define the
original jurisdictions of the High Court in Tanzania, granting if comprehensive authority to
handle civil case also criminal cases constitutional disputes, election petition and specialized
matters.

3.0 Conclusion

The civil jurisdiction of the High Court of Tanzania plays a fundamental roles in the country's
judicial system. As the highest judicial authority in civil matters, the High Court handles cases
involving substantial claims, constitutional issues, and appeals from lower (subordinate) in
cludes primary, District, and Residents courts. Its wide-ranging jurisdiction ensures that justice
is administered efficiently and fairly across the nation. By upholding the rule of law and
protecting civil rights, the High Court serves as a crucial pillar for promoting legal certainty and
fostering public trust in Tanzania’s legal system.

References

Book

Shivaji I.G, Constitution and legal system of Tanzania , (Mkuki na Nyota, 2004) 226.

The constitution of the United Republic of Tanzania cap.2 of 1977 as amended from time to
time

13
Cap.358 [R.E 2019]

14
Cap.113[R.E. 2002]
Legislations

The Civil Procedure Code cap.33 [R.E.2019]

The judicature and Application of Laws Act Cap. 358 [R.E.2019]

The Land Division Act Cap. 113 [R.E.2002]

Online sources

https://www.judiciary.uk

https://www.comell.edu

List of Cases

Ahmed Ismail v. Juma Rajabu (1982) HCT 13 (unreported

Tanzania China Friendship textile Ltd V. Our Lady of Usambara Sisters(supra) (2006)TLR

Director of Public Prosecution v. David Pete (1993) TLR 22