20060714 TZHC Dodoma

IN THE HIGH COURT OF TANZANIA

AT DODOMA (PC) CIVIL APPEAL NO. 15 OF 2004 (CIVIL APPEAL NO. 27 OF 2003 OF SINGIDA DISTRICT COURT - ORIGINAL CIVIL CASE NO. 26 OF 2003 OF MTINKO PRIMARY COURT) JUMA WAWA .......................... APPELLANT Versus MAKIYA MAKIYA ................... RESPONDENT 29.06.2006 & 14.07.2006

ORDER MASANCHE, J. This case originated from the Ward Tribunal of Makuro in Singida. It was Ward Tribunal Case No. 26/2002. The appellant, Juma Wawa, never got satisfied with the outcome. The· matter then got opened in the Primary Court of Mtinko in Singida District in Civil Case No. 26/2003. Makiya then appealed to the District court of 2 Singida in Civil Appeal No. 27/2003. He won the appeal Juma Wawa now wants to appeal to this Court - the high Court. He cannot do that. The law does not allow. Section 20 (3) of the Ward Tribunal Act (No. 7/85) reads: _ ''Except on points of law where the final appeal lies to the District Court, a decision of the Primary Court on any appeal to it shall be final and conclusive. " Mr. Jonathan, learned advocate, is reported to have challenged that provision in Kiriwili Mtambachuo v. Jonasi Kitingati, Miscellaneous Criminal Appeal No. 11 of 1993 - High Court Moshi Registry, saying that by ousting the jurisdiction of the High Court in Ward Tribunal appeals, the Act should be declared unconstitutional. Mushi J, answered him in the following words: ''Section 20 (3) of the Ward Tribunal Act clearly states that an appeal to the District Court is final. The issue of ousting the jurisdiction of the High Court does not arise at all, because no court has an inherent jurisdiction to hear an appeal. The right to hear an appeal by a higher tribunal is statutorily provided. The High Court cannot entertain an appeal unless the law allows such an appeal to be entertained by the High Court. " 3 As I say, the appeal to this court is ill conceived. The same is struck out with costs. <fh. J.E.C. ~SA Appellant - Present in person. Respondent - Present in person.