19921124 TZHC Dar es Salaam

AT lIOJ.0:¼Q;.10 (PC) CIVIL· ..";2'.:-:J..;L NO. 11 OF J.992 .A.:JDAlL.;JJ FL\IID<::30 ••••••••••••• e • • • "_\P::'DLL.ANT V0c..'SUS MGJJNG I Jlt-l'TifYIMVUA ••••••••• ~ •••••• .:CJS?Olr.D11I~ JUDGiiiENT This is an ap:.;ier.l a6 c.inst the decision of the District Court of Kilose. involvin.:; an a};)pea.l aGainst the decision of the Primary Cow:-t of Gairo 0 Gairo is a sma.11 settlmnent are2, within the Distrfot of Kilosa. The appellant is tl1e om1e:r of a house which he had leased to the respondent for use as a ba1~. AJ3 the house was not yet completed it was agreed between the parties that the ·respondent shou1d complete the house and reoove:r his expenses by setting off from the mo1JJ1thly l'ent ·he had to pay to the landlord • .After the :respondent he..d spent his money com:.?leting the house the landlord defaulted and the 1~espondent sued him in the Primary Court of Gail~o. · The res:;;,ondent won his co.se in the Prima:;:,y Court • I • and the aJroeal t<? tl1e District Cotu't \i2.G dismissed hence this appeal. · In this ap11e2,1 9 r,i:'o N,,.....,ssati learned coi.msel fo1~ the .appellant raised only one grot!nd, namely tha,t th0 COUJ'!ts bel'ow had no jurisdiction to deal w:i.th the ma.tter as the c,::.se involves a landlord and_ t8.l"'lant relationship which is t~e exclusive ·do · ·:.;~~ Regional Rousing Tribunz,lo On t3e evidence availe.ble I 2.c;r0e with ¥.lro

Massati, learned. - I advoca.te 9 -·that the issue in the c,~se involves the relationship of lanc.lo.i.'d and te112-.nt ai~d 2.s the i1ent '3.est:-.:-:i.ction .Act 9 1984 vests jurisd·iction over such matte:vs in the :legio112.l :C:ousins Tribunal only it follows that the Prima::..·y Covi·t of Gai:ro bad no jurisdiction to hear the case., It follows also -that the District Cou..t't had no jurisdiotiono 2 Accordin:::;ly I he:;.•c'oy qUc,sh t:1e proceed.:;_116 s in the J?rima,ry Court of GaiI·o and. the District Cou:.:-t of lulosa as none of them had jurisdiction in tl1e m11tte:.: • .- · Thec•R·o61,pontl:ont who w2.s the plc:,intiff in the P:da->,:r·y Cou:2t is advis-::d to pursue his claim in the :aegional :::ousine Tribune.I situated d t:10 Cou.-rt of the Resident Mc.c 6 istrate 9 Morogoro if he so wishes~ In view of 'what 1"1appened in this rnattm- 9 the foul t being that. of. the courts below I will make no- o:rder ""s to cost so The appe::::l is therefo1·e allowed £;.nd each pai'ty will bear his own costoo Order acco:rdingly •· /~/Vv--->.,___ - - ~ T.L. :Ivll-CT.:1)E ·

JOWE .11.1992 Delivered in Ch.2.mbe:rs at l\fo:r.·ogoro tl:is 24th clay of November, 1992 in the presence of Mr. Massati fo1~ appellant and Mr. Mwinyimvua the respondent in 11e!'son~ . . I'!..--~,.: - A . -1,.,_;__se_ r\ VT~ i: 11IKIT.DE" . JGDG::TI 24.1101992 f