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The High Court upheld the District Court and dismissed a second appeal, holding that the Primary Court lacked jurisdiction over a common law tort claim and that no contract was proved.
The core issues in dispute—existence and validity of a lease agreement and outstanding rent—fall within the exclusive jurisdiction of land courts under the Land Act. Ordinary courts, including the Resident Magistrate's Court, lack jurisdiction to determine such matters, regardless of how the claim is framed. The trial court was correct to dismiss the suit for want of jurisdiction.
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The appellant was properly convicted of theft by agent as he converted cattle entrusted to him for temporary use, and the compensation order was lawfully made under section 348(1) of the Criminal Procedure Act, as the offence was not punishable by death and material loss was suffered. The oral agreement issue was a new factual matter not open for consideration on second appeal, and the claim of double punishment was misconceived as the compensation order is not a penal measure.
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The suit was based on tort, not on a claim to immovable property, and both the alleged conversion of the certificate of title and seizure of the vehicle occurred in Dar es Salaam. Therefore, under section 18 of the Civil Procedure Code, the High Court at Songea lacked territorial jurisdiction. The High Court was correct to strike out the suit for want of jurisdiction.
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The suit was based on tort, not on a claim to immovable property, and both the alleged conversion of the certificate of title and seizure of the vehicle occurred in Dar es Salaam. Therefore, under section 18 of the Civil Procedure Code, the High Court at Songea lacked territorial jurisdiction. The High Court was correct to strike out the suit for want of jurisdiction.
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The suit was based on tort, not on immovable property, and both the cause of action and defendants' residence were in Dar es Salaam; therefore, the High Court at Songea lacked jurisdiction under section 18 of the Civil Procedure Code.
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Claims of tortious liability, including conversion, arising from an employment relationship fall within the exclusive jurisdiction of the Labour Court as provided by the Employment and Labour Relations Act. The High Court (Commercial Division) is ousted of jurisdiction in such matters.
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The High Court held that the suit was time barred under Tanzania’s limitation law and struck it out, while rejecting the 2nd defendant’s objection.
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