Civil Jurisdiction of Courts in Tanzania: From Primary Courts to the Court of Appeal.

Civil Jurisdiction of Courts in Tanzania: From Primary Courts to the Court of Appeal

Understanding where to file a civil case in Tanzania is crucial for both legal practitioners and ordinary citizens. Jurisdiction is determined by law, especially the Magistrates’ Courts Act [Cap. 11 R.E 2019] and related rules, which set out which court can hear which case and up to what pecuniary limit. This article outlines the civil jurisdiction of Tanzanian courts—from the Primary Court to the Court of Appeal based on the exact provisions of the law.

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Primary Courts

Primary Courts are the lowest tier in the judicial structure, but they handle a large number of civil cases nationwide. According to section 18 of the Magistrates’ Courts Act (MCA), their jurisdiction is limited in both subject matter and value.

i. In contract or debt claims between private individuals, a Primary Court may hear cases where the amount in dispute does not exceed TZS 30 million. (MCA s.18(1)(a)(iii))

ii. In certain matters where a local government authority (such as a district or municipal council) is suing for rent, dues, or similar claims conferred by law, the pecuniary limit extends up to TZS 50 million. (MCA s.18(1)(a)(ii))

iii. In addition, Primary Courts deal with cases of customary law, Islamic law (where applicable), and matters relating to small estates.

Appeals from Primary Courts lie to the District Court under section 20(1)(b) of the MCA, and a further appeal may lie to the High Court under section 25(1)(b).

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District Courts and Courts of a Resident Magistrate

Above the Primary Courts are the District Courts and the Resident Magistrates Courts (RMCs). These courts share the same jurisdictional powers when it comes to civil matters, as set out in section 40 of the MCA.

For normal civil suits (non-commercial):

i. If the case involves immovable property, such as land disputes (except where land laws specifically apply), the limit is TZS 300 million. (MCA s.40(2)(a))

ii. For all other money-value claims, the limit is TZS 200 million. (MCA s.40(2)(a))

For commercial cases (as defined under the High Court (Commercial Division) Procedure Rules, GN No. 250 of 2012):

i. The jurisdiction of District Courts and CRMs is capped at TZS 100 million for immovable property disputes. (MCA s.40(3)(a))

ii. For other commercial claims, the pecuniary limit is TZS 70 million. (MCA s.40(3)(b))

Any civil claim that exceeds these limits must be filed in the High Court Main Registry or its divisions based on the subject matter of the suit. Appeals from decisions of District Courts to the High Court depend on the jurisdiction that the District Court was exercising when it delivered the decision. The law draws a distinction between appeals arising from original civil jurisdiction and those arising from appellate or revisional jurisdiction.

1. Appeals from District Courts exercising original jurisdiction
Where the District Court has determined a civil matter in its original jurisdiction—meaning the case was filed directly in the District Court—the proper route of appeal is governed by the Civil Procedure Code, Cap. 33 R.E. 2019. Under section 70 of the Code and Order XXXIX Rule 1, an aggrieved party appeals to the High Court by way of a memorandum of appeal, signed by the appellant or their advocate. The memorandum must be accompanied by a certified copy of the decree appealed from and, unless the court dispenses with it, a copy of the judgment on which the decree is founded. According to the Law of Limitation Act, Cap. 89, Item 1 of Part II of the Schedule, such an appeal must be filed within 90 days of the judgment or decree. If the time has expired, the appellant must first obtain an extension of time under section 14 of the Limitation Act. This route applies to all final judgments of the District Court made in its original jurisdiction.

2. Appeals from District Courts exercising appellate or revisional jurisdiction
Where the District Court delivers a decision while sitting in its appellate or revisional jurisdiction—for example, when hearing an appeal from a Primary Court in matrimonial, probate, or customary law matters—the procedure is different. Under section 25(1)(b) of the Magistrates’ Courts Act, Cap. 11 R.E. 2019, an appeal lies to the High Court. However, unlike original jurisdiction cases, the appeal must be filed by way of a petition of appeal, not a memorandum. The law is very specific that the petition must be lodged in the District Court that issued the appellate or revisional decision, and that court is responsible for transmitting the records—including those of the Primary Court—to the High Court for determination (section 25(3) MCA). The time limit for filing such a petition is 30 days from the date of the District Court’s appellate or revisional decision, unless extended by the High Court upon sufficient cause being shown.

3. Procedural requirements common to appeals
Whether the appeal arises from original or appellate jurisdiction, compliance with procedural requirements is essential. Under Order XXXIX Rule 1 CPC, every appeal must clearly state the grounds of objection under distinct heads, without argument or narrative. In the case of petitions under section 25 MCA, the grounds must still be presented concisely and supported by the necessary record. Required documents include the memorandum or petition of appeal, the decree appealed from, and the judgment, unless dispensed with by the court. Failure to comply with form, time limits, or filing in the correct forum renders the appeal incompetent and liable to dismissal.

Small Claims in Tanzania

In addition to the general civil jurisdiction of subordinate courts above, Tanzania has a specialized procedure for small claims, designed for fast and accessible resolution of lower-value disputes. Under the Magistrates’ Courts (Small Claims Procedure) Rules, 2022 (GN 159 of 2023):

1. Pecuniary Scope: Applies to civil claims not exceeding TZS 100 million, including ordinary civil claims and commercial claims.

2. Exclusions (Rule 2): Claims against the government, Claims arising from land, labour, probate and administration of estates, matrimonial disputes, and matters for which another law prescribes a special procedure

3. Court Levels:

Claims exceeding Primary Court limits (TZS 30M private, TZS 50M local authority claims) may be filed in District Court or RMC using the small claims procedure.

4. Procedural Steps:

i. Filing: Submit a Statement of Claim (Form A) electronically.

ii. Service: Serve the claim on the defendant within seven days (registered mail, personal delivery, or leaving at residence/business). Failure to serve may result in abandonment of the claim.

iii. Reply: Defendant must file a Reply to Statement of Claim (Form D) within 14 days. Options include admitting, denying, settling, raising counterclaims, or joining a third party.

iv. Hearing: Streamlined proceedings with limited pre-trial formalities. The court may direct mediation.

v. Judgment and Settlement: Settlement agreements must be in writing or recorded orally in court. Once approved, the court issues a decree.

Benefits: Small claims procedure ensures quick, affordable, and accessible justice, particularly for SMEs, individuals, and local authorities.

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The High Court of Tanzania

The High Court of Tanzania is established under Article 108 of the Constitution of the United Republic of Tanzania, 1977. It stands as a superior court of record, with jurisdiction that spans both civil and criminal matters.

Jurisdiction
Under Article 108(2) of the Constitution, the High Court has unlimited original jurisdiction in all civil and criminal cases. This broad authority is further reinforced by section 2(1) of the Judicature and Application of Laws Act, Cap. 358 [R.E 2019], which empowers the court to exercise its jurisdiction without restriction on subject matter or monetary value.

The High Court also operates through specialized divisions that address specific categories of disputes:

i. Commercial Division — established under GN No. 250 of 2012, vested with jurisdiction to determine commercial disputes exceeding TZS 300 million or any matters of significant commercial importance. (Rule 5 of the High Court (Commercial Division) Procedure Rules, 2012 (Government Notice 250 of 2012).

ii. Land Division — created under section 167(1)(b) of the Land Act, Cap. 113 and section (37-47) of Land Disputes Courts Act, Cap. 216, handling disputes relating to land rights, ownership, and tenure.

iii. Labour Division — established under section 50 of the Labour Institutions Act, Cap. 300, dealing with matters of employment law, trade union disputes, and industrial relations.

Supervisory Powers
In addition to its original jurisdiction, the High Court also exercises supervisory jurisdiction over subordinate courts. Under section 44(1)(b) of the Magistrates’ Courts Act (MCA), Cap. 11, the High Court may revise and supervise proceedings of subordinate courts to ensure proper administration of justice and compliance with the law.

Appeals
Appeals from subordinate courts and tribunals lie to the High Court depending on the enabling statutes. Furthermore, decisions of the High Court itself are appealable to the Court of Appeal in accordance with Article 117(1) of the Constitution and section 5(1) of the Appellate Jurisdiction Act, Cap. 141 [R.E 2019].

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The Court of Appeal of Tanzania

At the apex of Tanzania’s judicial hierarchy is the Court of Appeal of Tanzania, established under Article 117 of the Constitution of the United Republic of Tanzania, 1977. It serves as the highest appellate body in the country.

Jurisdiction
The Court of Appeal is vested solely with appellate jurisdiction, as provided under section 4(1) of the Appellate Jurisdiction Act, Cap. 141 [R.E 2019]. Unlike the High Court, it does not entertain original matters, but hears appeals against decisions of:

i. The High Court of Tanzania, including its specialized divisions.

ii. Tribunals where statutes expressly permit appeals, such as the Tax Revenue Appeals Tribunal under section 25 of the Tax Revenue Appeals Act.

Procedure for Appeals
The appellate process to the Court of Appeal is guided by the Court of Appeal Rules, 2009 (as amended). A party intending to appeal must first file a Notice of Appeal within 30 days from the date of the High Court decision, in accordance with Rule 83(1). This step formally signals the appellant’s intention to challenge the decision.

Following that, the appellant must lodge the a memorandum of appeal in quintuplicate, Record of Appeal and security for the costs of the appeal, within 60 days as required by Rule 90(1). The Court of Appeal then proceeds to hear and determine the matter, with its decision being final, save for constitutional review or presidential reference in limited circumstances.

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Conclusion

The civil jurisdiction of courts is carefully structured to distribute cases based on complexity and value. Primary Courts handle smaller disputes up to TZS 30M or 50M in certain cases; District Courts and Courts of a Resident Magistrate handle claims up to TZS 200M/300M for normal civil matters and TZS 70M/100M for commercial cases; while the High Court has unlimited jurisdiction, with the Commercial Division dedicated to higher-value business disputes. At the top, the Court of Appeal safeguards uniformity of law through appellate jurisdiction only.

For litigants, lawyers, and law students, appreciating these jurisdictional thresholds is not just academic—it ensures cases are filed in the right forum, saving time and avoiding the risk of dismissal for want of jurisdiction.

Prepared by:

Johnson Yesaya Mgelwa.

Author - Civil Procedure Contents based in Dar-es-salaam.                       

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Date: September 09, 2025