IN^fHE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

DISTRICT REGISTRY OF MOSHI

AT MOSHI

MISC. CIVIL APPLICATION NO. 10 OF 2020

(Original Probate and Administration case no. 02 of 2019 at High Court of Tanzania Moshi Registry and Misc Civil Application No. 6 of 2020)

WERANDUMI BENJAMINI ULOMI.................................. APPLICANT

VERSUS

ZAINAB RASHID MKWAMA.................................. 1st RESPONDENT

JULIUS JUBILATE ULOMI.......................................2nd RESPONDENT

RULING

Last order: 14/05/2020

Date of delivery: 24/7/2020

The applicant has filed an application under order XXXVII Rule 1 (a),

section 68(c) and e and 95 of the Civil Procedure Code, Cap 33 R. E. 2002

and any other enabling provisions of law praying for the following orders.

i) That this Honourable court be pleased top issue temporary

injunction against the respondents, restraining them and or their

employees, agents or any other person acting on their behalf from

entering in the premises of MINASCO Mining site a t OPEC Block 'B'

having expired Primary Mining licence (PML) No. 001688NZ and

now current PML No. 63322, further barring the respondents and

their purported investors from doing any activity there in, seizing,

distressing or in any way interfering with the applicants business

operations and or properties pending the final determination and or

settlement of the Misc. Civil application no. 6/2020 in this court.

ii) The honorable court be pleased to issue a temporary injunction

against the respondents, restraining them and or their employees,

agents or any other person acting on their behalf from entering in

the business premises at Plot No. 3 Block Majengo street, Arusha

for the purpose of negotiating lease agreement and collecting rent

there in and nullifying any lease agreement entered without consent

of the Applicant with any would be tenants, further to surrender

and make remittance into judicial account High Court Moshi all

illegally collected rent by respondents for proper safe and lawful

custody till the final determination and or settlement of the

Miscellaneous Civil Application No. 6 of 2020 in this court.

iii) Cost to follow event.

iv) Any other order the court may deem it fit to grant.

The application is supported with an affidavit of Werandumi Benjamini Ulomi

who has deponed the contents therein. By virtue of paragraph 3 and 5 of

the affidavit, the properties the subject matter of an injunction are situate at

Manyara Region, Mererani within Simanjiro District and Arusha District within

Arusha Region.

The application is opposed by the respondents. They have filed a joint

counter affidavit and a notice of preliminary objection. The notice have five

points of objections, namely:-

flat, this court has no territorial jurisdiction to entertain prayers in the

chamber summons.

2. That, this court has no pecuniary jurisdiction to entertain prayers in

the chamber summons.

3. That the applicant has no locus stand to institute Misc. Application No.

10 of 2020.

4. That, Misc. application no. 10 of 2020 is bad in law for being instituted

without pending main suit.

5. That, the supporting affidavit is defective for having, argumentation,

expressing opinion, legal points, insults and scandalous paragraphs.

By order of the court dated 25th April, 2020 the parties were ordered to

dispose the hearing of application by way of written submission. Both parties

complied with the order. The counsel for the respondents in his submissions

argued on the first point of objection that this court has no territorial

jurisdiction to entertain prayers in the chambers summons.

The counsel has submitted that territorial jurisdiction is a jurisdiction to

decide cases arising in or involving persons residing within a defined territory

or geographical area within which judicial authority may be exercised. That

definition is based on Black law dictionary 9th edition. Therefore, it is a

power of the court to determine the matter which has originated in its area

or the properties situated in its area.

According to section 14(f) of the Civil Procedure Code, Cap 33 R. E 2002

subject to the pecuniary jurisdiction or other limitations prescribed by any

law suits...shall be instituted in the court within the local limits of whos^

jurisdiction the property is situate,

As a matter of law, that requirement to adhere and institute a suit within

the area the property is situated is mandatory, the same is further provided

for in section 3(1) of Land Disputes Courts Act, Cap 216 R. E 2002 where it

reads:-

"Subject to section 167 o f the Land act, and section 62 o f the village

Land act, every dispute or complainant concerning land shall be

instituted in the court having jurisdiction to determine and disputes in

a given area"

In this case the properties mentioned are located at Mirerani, Manyara

Region and Majengo Arusha region. The proper Registry is that of High Court

Arusha which caters for Arusha and Manyara Region. Thus, The High court

Registry of Moshi lacks jurisdiction, the application should be dismissed with

costs.

The applicant's counsel on his part has argued that it is a fundamental

fact that jurisdiction is the basic thing the court has to take into consideration

before entertaining any matter before it. Article 108 of the constitution of

the United Republic of Tanzania 1977 and section 2 of the Judicature and

application of laws Act, Cap 258 provides clearly that High Court is vested

with unlimited jurisdiction in all matters of Civil and Criminal nature. Such

Jurisdiction is restricted only to territorial boundaries of the state.

rhave read and do appreciate the submissions of both parties.

r .Ksdiction of the court simply means the extent to which or the limits within

which such court can exercise its powers and what powers. It is a

fundamental to the dispute resolution by courts of law. Any trial or inquiry

into a matter by a court which has no jurisdiction to deal with the same

renders such trial or inquiry a nullity. While I admit and agree to the

submission by the Applicant's counsel, still one cannot underrate the

requirement to comply with S. 14 of CPC. That a suit be instituted where the

subject matter is situated. Since there is no dispute on the location of the

properties, the subject of orders sought in this application, I find this

application misplaced. It ought to be filed at the High Court of Tanzania in

the District Registry of Arusha which caters for Manyara Region and Arusha.

I find the 1st points of objection disposes the application and in order

to serve time. There is no need to go on other points. For the reason the

application is dismissed with cost

It is ordered accordingly.

T. IJUDGE

24/7/2020