MUSLIM UNIVERSITY OF MOROGORO

FACULTY OF LAW AND SHARIAH

COURSE TITLE : CRIMINAL PROCEDURE

COURSE CODE : DLT05

LECTURER : MR KASHOZA

NAME : KARIM G MUSSA

REG. NO : 2018-03-02441

TASK : INDIVIDUAL ASSIGNMENT

QUESTION

With the aid of relevant authorities show the court structure of united Republic of Tanzania
while discussing power, language and composition.
 Court; is A unit of the judiciary authorized to decide disputed matters of fact,
cases or controversies1 People come to the court to solve their disagreement, under The Evidence
Act2, court includes all judges, Magistrates, and assessors and all persons except arbitrators,
legally authorized to take evidence.

With the aid of relevant authority the following is the court structure of the
United Republic of Tanzania and their power, language and composition;

The Primary court. The primary court is at the bottom of court structure in
Tanzania, is established under section 3 of the Magistrates’ court act whereby at the time being
in force, it will exercise jurisdiction within the respective district in which its destination3, under
section 18(1) of Magistrates’ court act denote that primary court shall have jurisdiction in all
civil proceedings4, The primary court in Tanzania mainland shall have Original jurisdiction in
criminal matters as provided by the First schedule in jurisdiction of primary courts of the Act and
any other law, the language of the court shall be Kiswahili this is under section 13(1) of the
magistrates court act5 and in the primary court shall complies of judge and assessors.

A district court. As its name is the court of district with jurisdiction all over
the district under section 4(1) of magistrate court act6. The court is headed by the district
magistrates which terms also known as Resident magistrate. The destination of a district court
shall be in the district which is established, District court shall have original jurisdiction in all
proceedings of a criminal nature on a destination district. The language of the district court shall
be either English or Kiswahili as such the court may direct in which the case record and
judgment of the court shall be in English. The district court shall exercise appellate jurisdiction
under section 21 of magistrates court act, Revisional jurisdiction under section 22(1) of
magistrate court act.

Resident Magistrate Court. This court shall have jurisdiction all over the
region in which it has been established and it’s headed by a Resident magistrate. The establishing

1
English legal glossary, p. 11, Rev. 10/22/10
2
The Evidence Act [ cap 6 R.E 2002]
3
Section 3 of Magistrate Court Act [cap11 R.E 2002]
4
section 18(1) of Magistrates’ court act [cap 11R.E 2002 ]
5
Section 13(1) 0f Magistrates court act [ cap 11R.E 2002 ]
6
Section 4(1) of Magistrates court act [cap 11 R.E 2002]
section of Resident magistrate court is section 5 of the Magistrate court act. The language
applicable or used in this court shall be either English or Kiswahili or such other language as the
magistrate holding such court may direct under section 13(2) of Magistrate court act, it complies
of judge, Registrar and magistrate.

High Court. The High court is established under Article 108 of The
Constitution of the United Republic of Tanzania7 as amended time to time, it the court where
judge sit to conduct trial, this court shall have jurisdiction in all matters relating to probate And
administration of the deceased’s estate under section 3 The probate and Administration of Estate
Act8, The high court have power to reject appeals summarily, have power upon in exercising of
its appellate jurisdiction also have power to exercise general powers supervision over all court in
the exercise of their jurisdiction, The language of the court shall be English in all proceedings,
the High court shall complies of one or more judges as chief justice directs , customary law panel
of experts in any rule involving customary law.

Court of Appeal. It’s the court where the judge of the appeal sits, the court of
appeal is established under Article 117 of The Constitution of United Republic of Tanzania of
19779 as amended time to time, sets of criminal appeal is as follows; appeal from the primary
court go to the district court, appeal from the district court go to the high court similarly from
resident magistrate, appeals from the high court go to the court of the appeal. The language in
this court is English in all proceedings and this court of appeal complies of chief justice, judges.

Generally; Other criminal court found in Tanzania are Court of Martial ,

Economic Crime Court, and Juvenile court established under The law of child act10 , The law
applicable in criminal matters is mainly the criminal procedure act11, there however other laws
with their procedure implementing and supplementing the criminal procedure act among them is
the Economic and Organized crimes control act ,however in primary court the law applicable is
primary court criminal procedure rules.

7
Article 108 of the constitution of united republic of Tanzania 1977
8
Section 3 of the probate and administration of estate act cap 352
9
Article 117 of the constitution of United Republic of Tanzania of 1977
10
The law of child act cap 21 of 2009
11
The criminal procedure act cap 20
BIBLIOGRPHY

• INTERNET SOURCE
Legal English Glossary, Rev 10/22/10

• STATUTES
The Evidence Act [cap 6 R.E 2002]
Magistrate court act [cap 11 R.E 2002]
The Constitution of United Republic of Tanzania of 1977
The probate and administration of estate act cap 352
The law of child act cap 21 of 2009
The criminal procedure of act cap 20 R.E 2002
The economic and organized control act cap 200 R.E 2002