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Tanzania decisions
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Where ownership of land is disputed, a primary court lacks jurisdiction to determine criminal trespass until a competent civil court has resolved the ownership issue. The lower courts erred by determining ownership and convicting the appellant for criminal trespass, rendering their decisions null for want of jurisdiction.
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The Primary Court lacked jurisdiction to hear and determine the claim for damages for adultery as the respondent neither petitioned for divorce nor proved the marriage was customary or Islamic.
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The Primary Court lacked jurisdiction to entertain the defamation claim as it exceeded the pecuniary limit and was not an Islamic or customary law matter; all proceedings and judgments are quashed and set aside.
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The High Court is properly moved and has jurisdiction to entertain the application, as the issue of whether the estate is large and whether the Primary Court had power to issue letters of administration requires determination. The preliminary objections raised by the respondent lack merit and are overruled.
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The dispute was fundamentally about land ownership, thus the primary court lacked jurisdiction to entertain the matter. The District Court correctly determined the jurisdictional issue, and the appeal lacks merit.
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The High Court held that the Primary Court lacked jurisdiction to try armed robbery under section 287A, nullified the proceedings, and ordered a retrial.
The High Court struck out a land appeal after holding that the Primary Court lacked jurisdiction over a dispute involving registered land, making the lower proceedings nullities.
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