Case Law[1999] TZHC 423Tanzania
Julius Mwanisenga and 9 Others vs Deresa Matensia and 3 Others (DC Civil Appeal No. 41 of 1997) [1999] TZHC 423 (3 December 1999)
High Court of Tanzania
Judgment
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r ·t: IN THE HIGH COURr (J? 1rANZANJA·,
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.. Dc· CIVI APPEAL NO. 41 OF 1997
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(From SumbawangaD.i.atM..ot Court Civil .Cas.e·
No. 30 of 1996
Before: M.J .B. Hamisi - District B/M
- JULIUS MWANISENGA )
- MUSSA MWANAKATWE, )
- JULIUS MWASUZA )
- KWIMBA MGANGA )
- NUSUKILO SANGA ) ........ 0. APPELLAN.CS
- BONIFACE PEI'ER )
- HAULE JACKSON )
- PATRICK-KAWEMBA )
- RISIUS MAHAL! ) 10 ALFRED KACHONTA ) Versus
- DEREBA MATENSIA )
- KILION MATENSIA )
- ELIAS MAT ENS IA ,•••o•••••••• RESPONDENTS
- KAPTEN MATENSIA ) JUDGMENT MOSHI, J • . The four respondents successfully sued the ten a~ ).ants oof<n-e the district court of Sumbawanga for a piece of land. The land was held under customary law in an unsurveyed area in Mponda village in Sumba:wanga ruraJ. district. The appellants felt aggrieved and their learned advocate, Mr. Mbise 1 preferred this appeal and argued it before -me 'in t.he pres,enee of_ Mr. Materu, learned advocate for the respondents, who did not resist the appeal despite· that he had also represented the respondents at the trial. Mr. Mbise submitted, and Mr. Materu conceded, that the trial was a nullity in that the district court lacked jurisdiction to try the case on aceount of that no leav~ of the High Court was sought and granted for the district eourt to hear the case in terms of section 63(1) of tho Magistrates• Courts Act 1984, hereinafter called the Act. I would, with respect, agree with both learned counsel. The subject-matter of the suit was such that it fell within the ••••o• /2
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court. In terms of section 63( 1) of the Act, thee~ -ci~
j ngp cO!Uld -have compet.QD.tly b&en coinmen.ced in an:, court other than a primary court unless the High Court had given leave for the pro,ceedings to.. be "C,()lllmen-ced in some. Q,ther conceded CQU.rt.. These pro'Visions of the law are mandatory, and it was . that no leave of the High Court was sought and ~ f(){.' ~ ~ment of the proceed.in.gs in the district court. · The district court, therefore,. had aoW without jurisdiction, and the trial was a nullity. I accordingly allow the appeal with costs, and her&by quaah and set aside the proc.e.edi.tigs and judgment of the district court. I leave the option to recommence the p:roceetlings- with. t}iQ ~~ l)ut.• j,n ~orda.n.<:e with the law and suhject to the law of l.imita.t.ian.. AT MBEYA. ---·- !3 December 1999 • • - For appellants: Mr. Mbise. For respondents: Absent. ·:.:·· .. \ . i) ------- ~-- ~ B.P. MOSHI JUDGE.,