MAGOMA v. MAHEMBA (1972) HCD 14

PC) Civ. App. 31-M-71; 2/2/72

El-Kindy J.

The respondent successfully sued the appellant for 6 months unpaid rent. It was established that the appellant was a tenant in the house of the respondent, and that it was let to him for Shs. 25/= per month. The appellant occupied the said house for six months, but he did not pay any rent. He contended that the trial court – Primary Court of Bunda – lacked jurisdiction to hear a rent restriction case, and therefore the trial was a nullity.

HELD:

(1)”Section 14 of the Magistrate Court’s Act, 1963 Cap. 537 confers jurisdiction over certain matters on Primary Court, but rent matter is not one of them. From Section (1) of the Rent Restrictions Act, 1963, cap. 472, jurisdiction to try cases o this nature, in certain claims, is conferred on “a Court of a Resident Magistrate of competent jurisdiction.” I would agree, therefore, the Primary Court lacked jurisdiction in this case. See also the case of Jayant D. Desai v. Hashi Warsama (1967) H.C.D. No. 171. The trial was null and void.