20180712 TZCA Dar es Salaam

20180712 TZCA Dar es Salaam

The proceedings before the Principal Resident Magistrate with extended jurisdiction, and subsequent High Court proceedings, were a nullity for want of jurisdiction because appeals from Primary Courts cannot be transferred to and determined by such magistrates. All subsequent orders and applications based on those proceedings are void.

Citation
20180712 TZCA Dar es Salaam
Parties
Applicant: Chiku Faizi; Respondent: Zuberi Makita
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 July 2018
Procedural Posture
Civil Application for Revision / Court of Appeal Ruling on Application for Revision
Outcome
Application struck out; prior proceedings nullified for want of jurisdiction.
Legal Topics
Jurisdiction, Extension of Time, Res Judicata, Maintenance, Appeals From Primary Court
Source Language
English
Civil Procedure Family Law Appellate Practice Jurisdiction Extension of Time Res Judicata Maintenance Appeals From Primary Court

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Parties

Chiku Faizi

Applicant

Zuberi Makita

Respondent

Procedural Posture

Civil Application for Revision / Court of Appeal Ruling on Application for Revision

Legal Issues

  1. 1 Whether the High Court had jurisdiction to transfer and determine an appeal from the Primary Court by a Principal Resident Magistrate with extended jurisdiction
  2. 2 Whether the subsequent applications for extension of time and leave to appeal were res judicata or properly before the court

Ratio Decidendi

The proceedings before the Principal Resident Magistrate with extended jurisdiction, and subsequent High Court proceedings, were a nullity for want of jurisdiction because appeals from Primary Courts cannot be transferred to and determined by such magistrates. All subsequent orders and applications based on those proceedings are void.

Court Disposition

Application struck out; prior proceedings nullified for want of jurisdiction.

Orders

  • Entire proceedings presided over by Rutatinisibwa, PRM; Mohamed, J.; and Mansoor, J. are nullified.
  • Application is struck out.