INTRODUCTION

This work is divided into three parties which are introduction party contain the meaning of
Court hierarchy, main body which contains the explanation of the courts and its jurisdiction,
also under conclusion party state the overview of the work generally.

Court hierarchy; this refers to the arrangement of courts and its jurisdiction according to the
position of the court. Judiciary system of Tanzania is legally based on common law as stated
previously but is also accommodates Islamic or customary laws, the latter source of law
being called upon in personal or family matter. The judiciary in Tanzania is formed by
various courts of judicature and is independent from the government. Tanzania adheres to and
respect the constitutional provisions for the establishment of an independent judiciary organ
and the respect for the principles of the rule of law, human right and good governance. The
judiciary in Tanzania has four tiers which are the court of appeal of the united republic of
Tanzania, the High court of the united republic of Tanzania, Magistrates courts which are two
levels which are The Resident Magistrates Courts and the District Courts both of which have
concurrent jurisdiction, Primary Courts are the lowest in the judicial hierarchy. Therefore it is
true that court hierarchy in Tanzania is creature of statutes since courts of Tanzania are
established in statutes as it is discussed below.

MAINBODY

The Court of Appeal of the united republic of Tanzania

The court of appeal of the united republic of Tanzania, established under the provision of
Article 117(1) of The Constitution of the United Republic of Tanzania of 1977. 1 The main
function of this court is to determine and to hear every appeal brought before it arising from
the judgement or other decision of the High court or of a magistrate with extended
jurisdiction. The Court of Appeal of the united Republic of Tanzania is the Court of final
appeal at the apex of the judiciary in Tanzania.

The High Courts of the United Republic of Tanzania

The High Court of the united republic of Tanzania established by the provision of Article
108(1) of the Constitution of the United Republic of Tanzania of 1977. 2 This court has
unlimited original jurisdiction to entertain all types of cases to which this court has inherent
jurisdiction. The High Court exercise original jurisdiction on matters of a constitutional
1
[CAP. 2. R.E 2010]
2
[CAP. 2. R.E 2010]
nature and have power to entertain election petitions. The High Court of the united Republic
of Tanzania has three divisions which are the High court commercial division, the High Court
Labour division as well as the High Court land division. All appeals from subordinate courts
go to the High Court and are adjudicated by Judges.

Subordinate Courts

These include the Resident Magistrate Courts and the District Courts, which both enjoy
concurrent jurisdiction. The courts are established under Magistrates Courts Act.3

Resident Magistrates Courts

Resident Magistrate court are established under section 5 (1) of the Magistrates Court Act. 4
This provision stated that Chief Justice may by order published in the gazette to establish
court of resident magistrate which shall subject to the provisions of any law for the time
being in force. The power of these courts are similar to those of District Court when dealing
with criminal cases. In terms of subject matter in civil cases, Resident Magistrates Courts
have wider jurisdiction than District Court. This court also can have extended jurisdiction in
the matter criminal offences this is according to the provision of section 173(1) of The
Criminal Procedure Act.5

District Courts

District court established under the provision of section 4 of the Magistrates Courts Act. 6
That there is hereby established in every district, a district court which shall subject to the
provision of any law for time being in force. Normally a single district magistrate sits to
entertain cases. The jurisdiction of district court is within the district established as per
section 4 of The Magistrates Courts Act. Unless its jurisdiction is extended by Chief Justice
to cover other areas beyond the district. District courts are normally criminal courts with
power to try all offences covered by penal code except some serious offences including those
punishable by death penalty that is to say murder and treason. This Court have original
jurisdiction over those for which jurisdiction is conferred it by law as per Section 40 of The
Magistrates Courts Act7. Appeal against conviction or acquittals and sentences can be made

3
[CAP. 11. R.E 2019]
4
[CAP. 11. R.E 2019]
5
[CAP 20 R.E 2019]
6
[CAP. 11. R.E 2019]
7
[CAP. 11. R.E 2019]
by complainant or the DPP to the High Court as per section 43 of The Magistrates Courts
Act.8

Primary court

This is the lowest court in the hierarchy and is established under section 3 of the Magistrates
Court Act.9 Primary Courts established in each district. Primary courts established in 1960s
and the rationale was to have courts which would deal with small matters expeditiously while
the same time be close to the community in which they dispense justice. The jurisdiction of
the primary court covers the district in which the court is located. In primary court
magistrates sits with no less than two assessors when hearing cases as it is provided under
section 7(1) of The Magistrates Courts Act. 10 Its jurisdiction is mainly for offences appearing
in the first schedule to The Magistrates Courts Act. 11 In this schedule part 1 contains offences
under the penal code and part 2 contain offences under other laws. Primary courts are
governed by their own rules which is Primary Courts Procedure Code in exercising criminal
jurisdiction as it is provided under Section 19(1) (a) of The Magistrates Courts Act. 12 Appeal
against conviction can be made by complainant or the DPP to the district court in the district
the primary court is established.

CONCLUSION

Therefore; in Tanzania the main responsibility of the Courts is to solve disputes which
occurred in the society by formal way. But also there are another mechanism which so called
alternative mechanisms like those tribunals for example District land and Housing tribunal,
Labour Reconciliation Board, the Tanzania Industrial Court, as well as Trade and Service
marks Tribunal and the purpose of establishing such other mechanisms is to facilitate the
process of administering justice in a few time without any delay.

BIBLIOGRAPHY
8
[CAP. 11 R.E. 2019]
9
[CAP. 11. R.E 2019]
10
[CAP. 11. R.E 2019]
11
[CAP. 11. R.E 2019]
12
[CAP. 11. R.E 2019]
CONSTITUTION

The Constitution of The United Republic of Tanzania of 1977 [CAP. 2. R.E. 2010]

STATUTES

The Magistrates Courts Act [CAP. 11. R.E 2019]

The Criminal Procedure Act [CAP 20 R.E 2019]