2023 TZHC 16726 PDF
2023 TZHC 16726 PDF
2023 TZHC 16726 PDF
AT MWANZA
(Arising from Kwimba District Court at Ngudu in Civil case No. 1 of2021)
Versus
SIMBA ZALABANA............................................................... 1st RESPONDENT
JUDGMENT
27/1/2023 & 14/2/2023
ROBERT, J:-
The appellant herein filed an action at the District Court of Kwimba
the 1st respondent while riding a motor cycle belonging to the 2nd
Magistrate made a finding that the suit arises from compensation which
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is a impliedly a contract in the circumstance, thus, he sustained the
determine the matter. Aggrieved, the appellant filed this appeal armed
follows:-
1. That the trial court erred in law and in fact by dismissing the
suit on the account that it lacked jurisdiction to entertain the
same while the cause of action as pleaded in a plant arises
from tort.
2. That the trial court erred in law and in fact by treating the
suit as a matter arising from a contractual relationship as
such lying under the purview of section 18 (Hi) of the
Magistrate Court Act Cap 11 R.E 2019
3. That the trial court erred in law and in fact by dismissing the
suit without lawfully jurisdiction and legal backup.
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trial court for deciding that the amount claimed was below the pecuniary
jurisdiction of the District Court and maintained that, this being a claim
of tort, it could not be heard by the Primary Court. Thus the competent
Court to try the matter was the District Court or the Resident
Magistrates' Court.
Coming to the 2nd ground, he faulted the trial Court for deciding
that the suit filed by the appellant arose from a contractual relationship
while there was no any contract between the appellant and respondent.
He maintained that the claim in question arose from common law tort.
trial Court was not justified in dismissing the case. He maintained that
the Court was required to determine the matter on merit for the interest
of justice. In the end, he prayed for this appeal to be allowed and the
In reply, the 2nd respondent maintained that the trial court was
the claim was TZS 10,000,000/=. He maintained that, the appellant was
required to report the matter to the primary court and not to the district
court. The 1st respondent supported the submissions made by the 2nd
respondent.
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Having heard the rival submissions of both parties, I will pose here
question for determination in this matter is whether the trial Court was
magnitude of the claim in terms of the specific reliefs sought but also
the nature of the claim. In respect of the present appeal, the appellant
argued that although the magnitude of the claim was lower than the
Magistrates' Courts Act, Cap. 11 (R.E. 2019), the primary Court had no
However, the trial Court made a finding that this being a claim for
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This Court is aware that, in legal terms, a tort is a civil wrong that
causes harm or loss to someone else, and can result in a legal liability
for the person who committed the tort. Negligent driving is one such
tort, where a driver fails to take reasonable care while driving and
In such cases, the injured party may file a lawsuit against the
negligent driver and seek compensation for their losses, such as medical
bills, lost wages, and pain and suffering. The legal basis for this
Therefore, since the appellant's claim arose from common law tort
Ally Juma [1984] TLR 49 (HC)). It follows that, the matter was
District Court of Kwimba in Civil Case No.l of 2021. As such, I order that
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the case file be remitted to the District Court of Kwimba at Ngudu to
proceed with the hearing before another Magistrate. Costs in the cause.
It is so ordered.
14/2/2023