ESSENTIAL MATTERS TO CONSIDER WHEN INSTITUTING A CIVIL MATTER.

A. A CAUSE OF ACTION
These are facts that enable a person to bring an action against another before the court. Or right
or reason to sue.

RELEVANT CASE
J. B. SHIRIMA & OTHERS v. HUMPHREY MEENA (1992) TLR 290 (HC)
It was stated that “A relief is not a cause of action, where the plaint does not disclose a cause of
action the Court has two alternatives; to order amendment of the plaint, or to strike out the
plaint.”
Plaint struck out.
.

B. JURISDICTION
This is the official power of the Court to make legal decisions and judgements.

EXAMPLE OF JURISDICTION

a) Jurisdiction for the purposes of instituting a fresh civil matter

 TERRITORIAL JURISDICTION - This is the power of the court to entertain a claim
basing on its geographical claim. Every court has a limited area i.e. geographical area– in
which it operates.

 PECUNIARY JURISDICTION - This is the power of the court to entertain a claim
basing on its monetary claim. Black's Law Dictionary 3 traces the origin of the term
pecuniary from a Latin word “pecunia” which means money or real or personal property
and the term pecuniary is defined as relating to monetary.

Relevant case
ABDU HASSAN v. MOHAMED AHMED (1989) TLR 181 (HC)
 It was Held that;- The trial magistrate lacked pecuniary jurisdiction to entertain the
matter and the proceedings are a nullity.
Order accordingly.

 SUBJECT-MATER JURISDICTION - This is the authority of a court to hear cases of

a particular type or cases relating to a specific subject matter. For instance, bankruptcy
court only has the authority to hear bankruptcy cases. And Kadhi's court is for the muslim
parties and for the matters of marriage, inheritance, dowry and divorce. Commercial
courts for business claims

b) Jurisdiction for other purposes

 THE ORIGINAL - The original jurisdiction of a court is the exclusive power of the
Court to hear a case for the first time. E.g. the H.C in murder cases of constitutional
petition

 APPELLATE JURISDICTION – This is 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

C: LIMITATION:
This is divided into two:-
a – LIMITATION OF TIME – This is loss of legal right because of passage of time. Limitation
of time is divided into two:-
 Limitation of time involves a matter which is not yet in the Court. In this situation the
Court doors are closed until he/she applies for extension of time to the Minister
responsible for legal affairs.

 Limitation of time involves a matter which is already in the Court. He/she must apply
for extension of time to the Court.
b – ESTOPPEL – This is a Doctrine which prevents one from denying facts or rights due to his
or her actions, conduct, statements, admissions, failure to act or judgment against in an identical
legal case. OR This is a doctrine of promissory which prevents one party from withdrawing a
promise made to a second party if the latter has reasonably relied on that promise.
This is divided into two:-
 Res subjudice - in Latin means “Under Judgement”. It denotes that a matter or case is
being considered by Court or Judge. When two or more cases are filed between the same
parties on the same subject matter, in two or more different Courts, the competent court
has power to “Stay Proceedings” of another Court.

 Res judicata – In Latin term for "a matter [already] judged" by a competent court and
therefore may not be pursued further by the same parties, and refers to either of two
concepts: in both civil law and common law legal systems, a case in which there has been
a final judgment and is no longer subject to appeal.

RELEVANT CASE
MARATO MATIKU V. WANKYO SANAWA (1987) TLR 150 (HC)
It was Held that: Where grounds relied in the later petition are the same as those dismissed
previously, then the petition is res judicata.
Appeal dismissed.