It is important first to have knowledge on the concept of jurisdiction of the court in general before dealing with the jurisdiction

of the High court. The term jurisdiction of the court has been defined by different authors differently to mean the same concept. Jurisdiction of court means the extent to which, or the limits within which, a particular court can exercise its powers and what powers. These limits may be territorial or pecuniary or as may be prescribed by statutes or practice. !ccording to "ulla, the term jurisdiction of court means the extent of the authority of a court to administer justice not only with reference to the subject matter of the suit but also to local and pecuniary limits of its jurisdiction.# $ourts in Tan%ania are arranged in a simple and clear hierarchy containing superior courts and subordinate courts.& These courts are established by two different laws that includes' The Constitution of the United Republic of Tanzania ()),* as amended from time to time and the "agistrate $ourt !cts (+*., The -uestion of jurisdiction is not merely one of form. It is fundamental. !ny trial conducted by a court with no jurisdiction to try the same will be declared a nullity on appeal or in revision.. Therefore jurisdiction of the High court is the power of the High court to administer justice or to decide and determine matters referred to it either by way of appeal from
/.0, $hipeta, 1#22#3, Civil Procedure in Tanzania, ! student4s "anual. at page ,. "ulla4s Code of Civil Procedure, at page #,. 5hivji also define the term jurisdiction as the power of the court. & http677www.nola.org .t%7legal7legal systems.php. 1!ccessed on #27 #7#2 2 at +6&23 * 8$!9 # :.; #22#< , 8$!9 :.; #22#< . It was discussed in the case of Melisho Sindiko .v. Julius Kaaya 1 ())3 =.:.T. no. +
#

lower courts, or instituted in it. The High court of Tan%ania is established under !rticle 2+1 3). It is the predecessor to the High court of Tanganyika and later on Tan%ania which was established under !rticle )1 3+ In order to come with the answer as to whether the High $ourt of Tan%ania has unlimited jurisdiction one need to look on the jurisdiction of the High $ourt particularly in terms original jurisdiction, pecuniary jurisdiction, territorial jurisdiction and exclusive jurisdiction. The High court of Tan%ania has vested with unlimited jurisdiction over civil and criminal matters by virtue of !rticle 2+1#3(, this section provides inter alia that, >where this Constitution or any other law does not expressly provide that any specified matter shall first be heard by a court specified for that purpose, then the High Court shall have jurisdiction to hear every matter of such type. !lso section #1 3 2, provides that, >save as provided hereinafter or in any other written law, expressed, the High Court shall have full jurisdiction in civil and criminal matters. !ccording to these provisions it means that in absence of express provision of the constitution or any other law of the land giving exclusive jurisdiction to other court or tribunal to try and determine particular matters, the High $ourt shall have unlimited jurisdiction to try and determine all matters in Tan%ania. In the case of orthern Tanzania !ar"ers Coop Society #td .v. Shelukindo, the court held that, the High Court is an organ deriving its establishment and existence by
) +

The $onstitution of the ?nited :epublic of Tan%ania of ()) 8$!9 # :.; #22#< Tanganyika @rder in $ouncil of (#2 ( @p cit no * 2 The Judicature and !pplication of =aws !ct 8$!9 &,+ :.; #22#< 1 ()+3 =:T part III AIB at page &..

the operation of the Constitution of this country. This organ unless otherwise expressly restricted by the legislature has unlimited criminal and civil jurisdiction, pecuniary and territorial jurisdiction apart from the Court of ppeal, it is the highest Court for the administration of justice in this country. !lso in the case of M$S Tanzania %China !riendship Te&tile Co. #td .v. 'ur #ady of the Usa"bara Sisters()* it was stated that the High Court of Tan!ania is provided that, it has unlimited jurisdiction , this is by virtue of section "#$% of the &udicature and pplication of 'aws ct also under rticle $()#"% of the Constitution of the *nited +epublic of Tan!ania. :elying upon the above cited provisions and cases one may argue that the High $ourt of Tan%ania has unlimited jurisdiction over all matters, however this assumption is not correct because the $onstitution itself and other laws expressly excluded the High $ourt to hear and determine certain matters as hereunder discussed6C 5ection & &, re-uires cases to be instituted in the court of lowest grade competent to try it, thus where the High $ourt has the same jurisdiction with lower court the suit is to be tried by the lower court. However this section does not deprive the jurisdiction of the High $ourt. * Matters arisin+ under the ,ndustrial Court -ct, , !ll disputes which arises under the Industrial $ourt !ct shall be heard and determined by the Industrial $ourt of Tan%ania. 5ection & of that !ct defines D$ourtD as means the Industrial $ourt of Tan%ania

$ourt of !ppeal of Tan%ania, $ivil !ppeal Eo +* of #22# 1?nreported3 The $ivil 9rocedure !ct 8$!9 && :.; #22#< * In the case of !rancis M.i/a+e.v. 0oniface Kabala"eza 1 (.+3 H$0 &* , the court stated that section & however, is a rule of procedure not of jurisdiction and does not deprive higher courts of jurisdiction which they already possess. , 8$!9 .2 :.; #22#<
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established by section )1 and section )12)3)1 of the same !ct provides there is hereby established an industrial court to be known as the Industrial $ourt of Tan%ania which shall, subject to this !ct, have jurisdiction in respect of matters specified in subsection 2*3( and subsection *2a3 of that section provides that the $ourt shall have jurisdictionFto hear and determine any trade dispute referred to it under the provisions of this !ct. This is supported in the case Therefore this law limits the original jurisdiction of the High $ourt to hear and determine matters of labour nature. In the case of Ta"bueni -bdallah 4 56 others .v. ational Social Security !und( the court held that, > ll disputes, whether contractual or otherwise including redundancy between an employee or employees and the employer are trade disputes and therefore only the industrial court has original jurisdiction. The High Court cannot entertain them. Partition for avoidance of presidential election, the $onstitution of the ?nited :epublic of Tan%ania of ()), + provides that, >4when a candidate is declared by the ;lectoral $ommission to have been duly elected in accordance with this !rticle, then no court of law shall have any jurisdiction to in-uire into the election of that candidate. !ccording to this provision even the High $ourt of Tan%ania have no jurisdiction to hear and determine the matters or cases involving the avoidance of presidential election after the ;lectoral $ommission has been declared the candidate to be the president. "atters concerning the interpretation or application of the $onstitution of the ?nited :epublic of Tan%ania, ( where there is the dispute concerning the interpretation of the
. )

Ibid $ourt of !ppeal of Tan%ania at 0ar es salaam $ivil !ppeal Eo.*)7#22& 1?nreported3 + !rticle * 1)3 ( @f ())

$onstitution of the ?nited :epublic of Tan%ania#2 or its applications between the Government of the ?nited :epublic and the :evolutionary Government of Han%ibar, the High $ourt of Tan%ania has no power to in-uire into and decide the matter thereto. There is a special body established under the $onstitution to deal with $onstitutional matters or disputes between the union Governments, this body is known as the 5pecial $onstitution $ourt of the ?nited :epublic.# !ccording to !rticle #.## of the $onstitution of the ?nited :epublic of Tan%ania, the sole function of the 5pecial $onstitution $ourt of ?nited :epublic of Tan%ania is to hear and give a reconciliatory decision over a matter referred to it concerning the interpretation the $onstitution, where such interpretation or its application is in dispute between the Government of the ?nited :epublic and the :evolutionary Government of Han%ibar. Matters arisin+ the 7orkers Co"pensation -ct.*8 Iurther more the High $ourt of Tan%ania has no original jurisdiction to hear and decide "atters arisin+ the 7orkers Co"pensation -ct*9. !ll disputes which are found or arise under the Jorkers $ompensation !ct#,, are adjudicated by =abour officer and appeal there from lie to the High $ourt. Thus this statute confers exclusive original jurisdiction to the =abour !dministrative @fficer to adjudicate matters out of the Jorkers $ompensation !ct #22+, hence limits the High $ourt4s original jurisdiction over that matters though it confers to the same the appellate jurisdiction.
#2 #

Ibid The 5pecial $onstitution $ourt is established under !rticle #, of the $onstitution of the ?nited :epublic of Tan%ania of ()) 8$!9 # :.; #22#< ## 5ub !rticle #& @f #22+ #* @f #22+ #, Ibid

Therefore relying on the above observations and authorities it is my view that the unlimited jurisdiction of the High $ourt exist only where there in neither the provision of the $onstitution nor of any other law which expressly confers exclusive jurisdiction to other $ourt or Tribunal to hear and determine particular matters, thus the unlimited jurisdiction of the High $ourt of Tan%ania is not absolute as it may be waved or limited in some cases or matters.

M:UM0; U ,<;RS,T=

2M0;=- C-MPUS3 !-CU#T '! #-7 E!"; @I 5T?0;ET6 :;G. E@. $@?:5;6 5?/J;$T6 =;$T?:;:6 !$TIBITK6 "?H@EI J!";5. ; 2++7T.2+ ==/ III $IBI= 9:@$;0?:; =!J I 1=!J &#*3 ":. @"!:K IE0IBI0?!= !55IGE";ET

LE. The understanding of article 2+1 3 A 1#3 of the constitution of the united :epublic of Tan%ania of ()) 8$!9 # :; #22#< is that it establishes the High court of Tan%ania and it provides for its jurisdiction. !ccording to this article the said High court of Tan%ania has unlimited jurisdiction whatsoeverM section # 1 33 of the Judicature and application of laws !ct 8$!9 &,+ :; #22#< reiterates the same conception 15ource anonymous3. $ritically show wide in the mark of the novelist of this preposition.

0,0#,'>R-P?= ST-TUT;S The constitution of the ?nited :epublic of Tan%ania ()) The Judicature and !pplication of =aws !ct 8$!9 &,+ :.; #22#< The $ivil 9rocedure !ct 8$!9 :.; #22#< The Industrial $ourt !ct 8$!9 .2 :.;.#22#<

0''KS /akshi, 9.", Mulla@s on Code of Civil Court Procedure,1 ((.3,1 ,th3, Bol Tripathi 9rivate =td, /ombay. , E.",

$hipeta./.0, 1#22#3 Civil Procedure in TanzaniaA ! 5tudent4s "anual, 0ar es 5alaam, ?niversity 9ress =td, 0ar es 5alaam6 Tan%ania.