10
I am also aware that Section 13 of the Civil Procedure Code, [Cap
33 RE 2019] requires a suit to be instituted to the court of the lowest
grade competent to try it. I wish to quote it verbatim thus: ''Every suit shall be instituted
in the court of the lowest
grade competent to try it end, for the purposes of this section/ a
•
court of a resident magistrate and a district court shall be deemed to be
courts of the same grade: Provided that
the provisions. of this
section shall not be construed to oust the general jurisdiction of
the High Court. "(Emphasis added)
It is my understanding that the above provision does not confer or
oust the jurisdiction of the High Court in any matter notwithstanding the
pecuniary value of the subject matter but rather it provides for the
procedure that a suit be instituted in court of the lowest grade
competent to try the matter. Refer the current cited current case of
Benitho Thadei Chengula vs Abdulahi Mohamed Ismail, (Civil
Appeal No.183 of 2020) [2023] TZCA 17519 (23 August 2023) where
the Court of Appeal held that:
"
Besides. since section 13 of the CPCwas amended two years
later by Act No.4
of 2016 by adding the proviso whose effect is to
render the present objection regarding jurisdiction to be redundant we
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