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The Dongobesh Primary Court had no jurisdiction to try the claim for malicious prosecution as it was a common law tort, not a customary law tort. The District Court erred in assuming jurisdiction without proper inquiry. The appellant's failure to properly argue his ground of appeal meant there was no valid submission before the High Court.
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The trial court erred in striking out the suit for want of pecuniary jurisdiction because, although the specific damages claimed fell within the pecuniary jurisdiction of the primary court, the nature of the claim was a common law tort (malicious prosecution) over which the primary court has no jurisdiction. Therefore, the district court was the proper forum to hear the matter.
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The District Court has jurisdiction to try cases based on common law torts of negligence regardless of the pecuniary value, as the Primary Court's jurisdiction is limited to customary law torts; the trial court erred by focusing solely on pecuniary jurisdiction without considering the subject matter.
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