INTRODUCTION

JURISDICTION

Refers to an authority conferred by the statutes or some other instrument to the court or tribunal or
person to hear and determine l inguiry into the case of a particular kind.Also jurisdiction is a creature of
statutes.

In Tanzania the court system it is divided into two types are Ordinary Court and Quas-judicial of
jurisdiction.

Ordinary Court

the ordinary courts are established under the Judiciary Act of 1979 and are responsible for adjudicating
civil and criminal cases. These courts include the Primary Court, District Court, and the High Court. The
Primary Court has jurisdiction over minor offenses and civil matters involving small amounts of money,
while the District Court handles more serious criminal cases and civil disputes. The High Court has
unlimited jurisdiction and deals with complex legal matters and appeals from lower courts.

Quas-jurisdiction

Quasi-judicial bodies are administrative agencies or tribunals that are authorized by law to make legal
decisions and rulings on specific matters within their jurisdiction. These bodies have the power to
conduct hearings, gather evidence, and make decisions based on the facts and legal principles involved.
However, unlike Ordinary Courts, Quasi-judicial bodies are not part of the judiciary and do not have
general jurisdiction over all legal matters.

MAIN BODY

The following are the types of jurisdictions of the court in Tanzania as follows are:

Original Jurisdiction

This refers to the authority of a court to hear and decide a case for the first time. It involves the power
to try a case from the beginning without it having been heard by any other court. An example of original
jurisdiction can be seen in the case of Attorney General v. Mbowe and Others, where the High Court
had the original jurisdiction to hear an application challenging the constitutionality of certain provisions
of the ElectionsAlso the original jurisdiction it is provide under section 41(1) of The Magistrates' Courts
Act RE 2019 It state that,

"A court of a resident magistrate shall have and exercise jurisdiction in all proceedings in respect of
which jurisdiction is conferred by the second schedule to this Act and any law for the time being in force
on a court of a resident magistrate or a civil magistrate,in the exercise of it's original jurisdiction".
Concurrent Jurisdiction

This refers to matters that can be regulated by both the federal and state governments in Tanzania.
These may include issues such as environmental protection and land use planning. An example of
concurrent jurisdiction in Tanzania can be seen in the case of Tanzania Electric Supply Company
(TANESCO) v. Local Government Authorities (2015), where the Court held that both the federal and
state governments have the power to regulate electricity supply within their respective jurisdictions

So this concurrent jurisdiction it provide under section 63 (1) of Magistrate Court Act.It provide that

"Subject to the provisions of any law for the time being in force, where jurisdiction in respect ofthe same
proceedings is conferred on different courts, each court shall have concurrent jurisdiction therein:

Provided that, no civil proceedings in respect of marriage, guardianship or inheritance undercustomary

law, or the incidents thereof, unless the High Court gives leave for such proceedingsto be commenced in
some other court."

Territorial jurisdiction

Refers to the power of a court to hear cases that arise within a specific geographic area. In Tanzania
each region has its own court system that has territorial jurisdiction over cases that occur within that
region.For instance the High Court of Tanzania has territorial jurisdiction over cases that arise within the
entire country. This means that any legal matters that need to be addressed at the highest level can be
brought before the High Court regardless of where in Tanzania the incident occurred.Under the section
177 of Criminal Procedure Act it provide that a court shall have jurisdiction to try an offence if the
offence was committed within the area in which the court is held.It provide that,

"Every court has authority to cause to be brought before it any person who is within the local limits of its
jurisdiction and is charged with an offence committed within Tanzania or which according to law may be
dealt with as if it had been committed within Tanzania and to deal with the accused person according to
its jurisdiction."

Extended jurisdiction

Refers to the ability of a court to hear cases that involve parties from different regions or countries. For
instance if a dispute arises between a business in Dar es Salaam and a supplier in Mwanza the court in
Dar es Salaam may have extended jurisdiction to hear the case since it involves parties from different
regions.Extended jurisdiction has been covered under section 173 (1)( a)(b) of the Criminal Procedure
Act it provide that,

"The Minister may, after consultation with the Chief Justice and the Attorney General, by order published
in the Gazette-

Subject matter jurisdiction

Subject matter jurisdiction refers to a court's authority to hear cases of a particular nature or involving
specific subject matters.In Tanzania subject matter jurisdiction is defined by statutes that establish
specialized court to handle specific types of cases.For instance the Employment and Labour Relation
Act ,2004 establishes the Employment and Labour Relations court and vests it with exclusive jurisdiction
to hear and determine employment related disputes.The case of Martin vs Muhimbili National Hospital
(2012) TZELR 45 exemplifies the Employment and Labour Relations court exercising it is subject matter
jurisdiction in ruling on an employment dispute.According to section 40(2)(a)(b) of The Magistrates' Act
it provide that,

"(a) in proceedings for the recovery of possession of immovable property, to proceedings in which the
value of the property does not exceed three hundred million shillings; and

(b) in other proceedings where the subject matter is capable of being estimated at a money value, to
proceedings in which the value of the subject matter does not exceed two hundred million shillings."

Pecuniary jurisdiction

Refers to the power of a court to hear and decide cases based on the amount of money involved. In
Tanzania the Magistrates' Courts Act,1984 specifies the pecuniary jurisdiction of magistrates' courts
based on the value of the claimFor instance in the case of Lugha v. Deputy Registrar, Mbulu (1970)
H.C.D., the High Court of Tanzania held that the court had jurisdiction over a case involving a claim of a
certain amount, as it fell within the pecuniary limit set by the according to the section 18(1)( a )( i) of The
Magistrates' Courts Act as follows,

"where the law applicable is customary law or Islamic law: Provided that no primary court shall have
jurisdiction in any proceedings of a civil nature relating to land;."

Appellate Jurisdiction

This refers to the authority of a higher court to review and revise the decisions of a lower court. It allows
individuals to seek a review of a case decision if they believe there was an error in the lower court's
decision. For instance the Court of Appeal of Tanzania has appellate jurisdiction to hear appeals from
decisions made by the High Court.Finally in accordance with section 4 of the Appellate Jurisdiction Act
[CAP 141 R.E.2002], Provides that the

"Court of Appeal of Tanzania has jurisdiction to hear and determine appeal from the High Courtand
subordinate Court with extended jurisdiction".

Therefore a party aggrieved by the decision ofthe High Court or from Magistrates of subordinate Court
with extended jurisdiction may appealto the court of appeal as provided under section 4 of the
Appellate Jurisdiction Act.Also this Appellate jurisdiction under Article 13(6)(a) of Constitution of The
United Republic of Tanzania 1977 it provide that,
"When the rights and duties of any person are being determined by the court or any other agency, that
person shall be entitled to a fair hearing and to the right of appeal or other legal remed against the
decision of the court or of the other agency concerned;."

Revisional jurisdiction

This type of jurisdiction allows a higher court to review the legality or correctness of a decision made by
a lower court. For instance the High Court has revisional jurisdiction over decisions made by Magistrate's
Courts.Also in the case of Jonathan v Republic (2008), the High Court exercised revisional jurisdiction
and overturned a decision made by a Magistrate's Court in a theft case. So in the section 57 of the
Magistrates' Courts Act, 1984 provides for the revisional jurisdiction of the High Court.

Review jurisdiction

This type of jurisdiction allows the court to review decisions made by lower courts or administrative
bodies. For instance the Court of Appeal of Tanzania has review jurisdiction over decisions made by the
High Court.Also in the case of Lugumi v Mkonde and Another (2004), the Court of Appeal reviewed a
decision made by the High Court regarding land disputes.So in the section 4 of the Appellate Jurisdiction
Act, 1979 provides for the review jurisdiction of the Court of Appeal.

Summary jurisdiction

This type of jurisdiction allows the court to quickly dispose of minor criminal offenses or civil matters.
For instance the Magistrate's Court in Tanzania has summary jurisdiction over certain criminal
offences.Alsoin the case of Republic v Mwajafe and Another (2010), the Magistrate's Court exercised
summary jurisdiction in a case involving theft.Under the section 385 of the Criminal Procedure Act, 1985
provides for the summary jurisdiction of Magistrate's Courts.

CONCLUSION

Generally the jurisdiction of the court it is very important of protection of rights because the Court
jurisdiction ensures that individuals are able to assert and enforce their legal rights in front of the
appropriate court. This helps in upholding justice and fairness in legal proceedings.
REFERENCE

Books

"Criminal Procedure: Constitutional Limitations in a Nutshell" by Jerold H. Israel and Wayne R. LaFave.

Criminal Law and Procedure" by John M. Scheb and John M. Scheb II.

The Constitution Of The United Republic of Tanzania of 1977

Statutes

The Magistrates' Courts Act ,[CAP 11 R.E 2019]

Criminal Procedure Act, [CAP 6 R.E 2022]

Appellate Jurisdiction Act ,[CAP 141 R.E.2002]