HOW TO START A DEBT CLAIM CASE IN COURT IN TANZANIA


Tanzania follows the common law system in all matters of justice and law. The court structure starts with the Primary court, followed by the District court which has the same jurisdiction as the Resident Magistrate Court, then the High Court. These four courts namely primary court, district court, resident magistrate court and high court have original jurisdiction over debt claim cases. The highest Court is the Court of Appeal. The functions of the Court of Appeal are to hear and determine every appeal brought before it arising from the judgment or other decision of the High Court or of a magistrate with extended jurisdiction.
To find out in which court you should file a debt claim case depends on the amount of money you claim. Each court has a pecuniary jurisdiction. Every suit must be instituted in the court of lowest grade competent to try it. If the amount of money you claim is low, your case will be opened in the primary court and if it is higher, you will have to open a case in the high court. As said above, a court of a resident magistrate and a district court is deemed to be courts of the same grade.
On the other hand, you will need to know residence or place of business of the debtor. It is a rule every suit to be instituted in a court within the local limits of whose jurisdiction the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain. If you fail to know where your debtor is, then it is good to know where the cause of action, wholly or part, arises
If you need more information/assistance on DEBT CLAIM CASE in Tanzania, please do not hesitate to contact us.

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