19900629 TZHC Dar es Salaam

Primary Courts have jurisdiction to hear tort cases, including defamation, under customary law; the District Court erred in holding otherwise.

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Mohamed Abdallah

Appellant

Nuhu Ramadhani

Respondent

Civil Appeal / Second Appeal

1 Whether the Primary Court has jurisdiction to hear tort cases under customary law
2 Whether the tort of defamation exists in customary law
3 Whether the order for retrial was proper

Primary Courts have jurisdiction to hear tort cases, including defamation, under customary law; the District Court erred in holding otherwise.

appeal allowed

Orders of the District Court set aside
Case remitted to the District Court for determination of the appeal on merits before another Magistrate