(2) Where this Constitution or any other law does not expressly provide
that any specified matter shall first be heard by a court specified for that purpose,
then the High Court shall have jurisdiction to hear every matter of such type.
Similarly, the High Court shall have jurisdiction to deal with any matter which,
according to legal traditions obtaining in Tanzania, is ordinarily dealt with by a
High Court provided that:
the provisions of this subarticle shall apply without prejudice to the jurisdiction of
the Court of Appeal of Tanzania as provided for in this Constitution or in any
other law.
Judges of the
High Court and
their
appointments
Act No.14
of 1979
Art.6
Act No.15
of 1984
Art.22
Act No.14
of 1990
Art.5
109.-(1) There shall be a Principal Judge of the High Court (who in the
following provisions of this Constitution shall be referred to as the “Principal
Judge”) and other Judges of the High Court who shall be not less than thirty who
shall be appointed by the President after consultation with the Judicial Service
Commission.
(2)
Subject to the provisions of this Constitution or any other law
concerning the powers of the Chief Justice who is referred to in Article 118, the
Principal Judge shall be the special assistant to the Chief Justice in the
administration of the High Court and of all the other courts subordinate to it, and
in the discharge of the functions of that office, the Principal Judge shall perform
such functions and duties as he may, from time to time, be instructed or directed
by the Chief Justice and, for the purposes of this Article, the Principal Judge shall
also be known as the Head of the High Court.
(3) In addition to his ordinary powers as a Judge of the High Court, the
Principal Judge shall also have power to perform all such duties and functions
related to the jurisdiction of the High Court which, in accordance with the
provisions of this Constitution or any other law, or the legal traditions applicable,
are matters which are required to be performed by the head of the High Court:
Provided that the provisions of this subarticle shall not apply in relation to
the discharge of duties or functions which, in terms of the provisions of this
Constitution or of any other law or in accordance with legal traditions applicable
in Tanzania are expressly stated or are deemed to be the duties or functions
required to be performed only by the Chief Justice.
(4)
For the avoidance of doubt in relation to the interpretation or
application of the provisions of subarticles (2) and (3), of this Article, it is hereby
declared that except where this Constitution or any other law provides otherwise,
the Chief Justice may, from time to time, give to the Principal Judge directions or
instruction concerning the discharge of his duties and functions as head of the
High Court. Likewise, the Chief Justice may delegate to the Principal Judge some
of his administrative and supervisory powers in relation to the discharge of
functions in the High Court and in all other courts subordinate to it, and whenever
necessary the Chief Justice may himself discharge directly any of the functions so
delegated to the Principal Judge.
(5) The office of Judge of the High Court shall not be abolished while
there is a person holding that office.
(6) Subject to the provisions of subarticle (8) of this Article, a person may
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