FACULTY OF LAW

FACULTY OF LAW

THE REPORT ON THE FIELD STUDY CONDUCTED IN DODOMA AT.

DODOMA MJINIPRIMARY COURT AT DODOMA DISTRICT

TANZANIA

FIELD REPORT CERTIFICATE IN LAW 2022/2023

NAME: DOTTO BEATUS MKUYU

REG. NO : 12135107/T.22

COURSE NAME: CERTIFICATE IN LAW

SUPERVISOR: DR BAKTA

SUBMISSION DATE: 26 MAY.2019

 DECLARATION AND CERTIFICATION

AM DOTTO BEATUS MKUYU I realize that this research report is done my own mind and
written by me and is my original work .that no one assist me on my work

Signature.............................................

DOTTO BEATUS MKUYU Date

.

I. ..do wisely to certify that, I have read this work

and find it Credible and deserve acceptable for examination.

Supervisors Signature .

Dr. BAKTA

Date .......................

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 ACKNOWLEDGEMENT

I express my full of greatness and glory to Almighty God for protecting me through my studies,
also more thanks to my lecturers for accountability to make sure we reach our intention of
lives ,also l declare to express more thanks to my internal field report supervisor

Mrs BAKTA Dean of Law of MZUMBE UNIVERSITY MAIN CAMPUS MORORGORO

for guide me on field practices. and all my close people for supporting me .

In addition I congratulate and more appreciate primary court of DODODMA MJINI

PRIMARY COURT of Dodoma District for reply on me and counseling me practices on court
proceedings and made me more confidence .More thanks to all magistrates and court clerk for
supporting me on guide line.

And to my all lecturers .finally more thanks led to MZUMBE UNIVERSITY MAIN CAMPUS
MOROGORO for accountability to make sure students learn mentally and physically by
learning more materials and practice them physically for enough time.

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 LIST OF STATUTES

PENAL CODE CAP 16 RE 2002,

LAW OF MARRIAGE ACT CAP 39 RE 2002,

MAGISTRATE COURTACT CAP 11 RE 2002,

MAGISTRATE COURT (PRIMARY COURT CRIMINAL PROCEDURE RULE),

MAGISTRATE COURT (PRIMARY COURT CIVIL PROCEDURE RULE),

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 LIST OF ABBREVIATION

C/S - CONTRARY TO SECTION

CPA - CRIMINAL PROCEDURE ACT

MCA - MAGISTRATE COURTS'

ACTPC - PENAL CODE

PCCP - PRIMARY COURTCIVIL PROCEDURE CODE

D/O - DAUGHTER OF

S/O - SON OF

R.E - REVISED EDITION

VS - VERSUs

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 ABSTRACT

From the field where l attached there are four cases required which is .Plea of guilty, Plea of not
guilty, matrimonial case and civil case .from my field attach observe deferments challenges
faces the court .

Like when proceedings required date for hearing by the magistrate parties are often do not
appear before the court of law without any necessary reason that matter render to pre long
litigation, dismissed of the case ,or adjournments ,exparte hearing .that thing led to be hard from
submitting the rights of the people and made proceedings to pre long .

Another problems is lack of court rooms from my field attach at dodoma mjini primary court at
Dodoma Court rooms are very few than the total amounts of the magistrates that led some of
magistrates pending their case for a while till accomplish of the case to the court rooms of a
certain magistrates

Ignorance .what i detected is some of parties of the case are not capable or competent of
understanding some legal proceedings example locus stand .the ability of the person to sue a case
example on the case of GODLUCK KAPINGA VS FOUNDATION FOR ENERGY
CLIMATE AND ENVIROMENT Case no 92/2023.

Matter concerns claims TSHS/=1400000 but the matter raised by defendant person and rise
about plaintiff that is not the right person to sue a case and he doen't know about the jurisdiction
of the court that the court which he has to sue a case in not under the jurisdiction of primary
court of dodoma mjini lather than the primary court of kongwa primary court of kongwa district
where the matter arised .according to section 3(1) of The Magistrate's Courts Act [CAp
11,R.E2019 ]states that the jurisdiction of the court is within where is established .

Lack of some instruments used in the court proceedings like printers ,rim papers, file cover ,Seal
and some other things .

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Lesson

What l have learn to my field attachment through practices, counseling of some legal
proceedings in the court of dodoma mijini primary court. is more relavants to all we have studied
at mzumbe university and l have learned practically that made me to be capable of understanding
all legal process in the primary court. example to make a witness to give under oath /affirm .to
write summons, and other some legal documents. Primary court of dodoma mjini primary
court .made me more confidence in front of people.

There fore that's what l observed and learn when l was in field attachment at dodoma mjini
primary court .of dodoma .in addition l would like to advice all the highest courts to make sure
or to ensure accountability to ensure resolution of different challenges face some primary courts
by providing good infrastructure ,to ensure availability of legal tools used in court proceeding
like printers ,rim papers file cover .also employers may provide enough salaries in order to
encourage them and persuade to be liable on accountability of their duties from assisting peoples
to get their rights .

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 TABLE OF CASES

CRIMINAL CASE.......................................................................... PLEA OF GUILTY

CASE OF ...MIRIAAM D/o KAUNGO .VS .YONA S/o LEONARD.CASE NO 105/2023

CRIMINAL CASE..........................................................................PLEA OF NOT GUILTY

CASE OF ...SUZANA D/o YOHANA. VS . ESTER CHEDEGO. CASE NO .90/2023

MULTRIMONIAL CASE...............................................................................DIVORCE

CASE OF ...ADOLENA D/oALFRED NGOSO.VS. KEVIN BYBATO MUTELE CASE

NO ..29/2023

CIVIL CASE .............................................................................NORMAL CIVIL CASE

CASE OF NYASELE GENERAL SUPPLIES.VS.GODWIN S/oAUSON CASE NO 51/2023

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 TABLE OF CONTENTS

DECLARATION AND CERTIFICATION.....................................................................................i

ACKNOWLEDGEMENT...............................................................................................................ii
ABSTRACT....................................................................................................................................v
TABLE OF CASES.......................................................................................................................vii
CHAPTER ONE..............................................................................................................................1
INTRODUCTION AND THE OBJECTIVES OF THE FIELD STUDIES...................................1
1.1 Introduction...............................................................................................................................1
CHAPTER TWO.............................................................................................................................3
CRIMINAL CASES........................................................................................................................3
2.0 Introduction...............................................................................................................................3
2.2 Plea of Guilty.............................................................................................................................3
2.1 Summary of the Case.................................................................................................................4
2.3 Plea of Not Guilty......................................................................................................................5
2.1 Summary of the Case.................................................................................................................6
2.2 Matrimonial Case.......................................................................................................................7
2.3 Summary of the Case.................................................................................................................9
CHAPTER
THREE....................................................................................................................................10
OBSERVATION AND PROBLEMS...........................................................................................11
3.0 Introduction.............................................................................................................................11
4.1 Observation..............................................................................................................................11
3.1 Problems..................................................................................................................................11
CHAPTER FOUR.........................................................................................................................13
CONCLUSION AND RECCOMENDATION.............................................................................13
4.0 Conclusion...............................................................................................................................13
4.1 Recommendations....................................................................................................................13

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 CHAPTER ONE

INTRODUCTION AND THE OBJECTIVES OF THE FIELD STUDIES

1.1 Introduction

During the months of [Insert Dates], I had the opportunity to conduct fieldwork at the primary
court in Dodoma Mjini. My primary objective was to gain practical knowledge and
understanding of the legal proceedings and processes that take place within the court system.
The purpose of this report is to document my observations and experiences during my time at the
primary court.

THE MAIN OBJECTIVE OF THIS FIELD REPORT

The main objective for this field attachment is to study practically and learn physically and to
know how proceedings are conducted to the primary court and how they are used to priovide
rights to the people

MINOR OBJECTIVES

1. To gain firsthand experience and knowledge of the legal proceedings and processes that take
place in the primary court.
2. To observe the roles and responsibilities of the key players involved in the court proceedings
such as judges, lawyers, and court clerks.
3. To document the challenges faced by the primary court system in Dodoma Mjini and potential
solutions to address these challenges.
4. To provide insights and recommendations on how to improve the efficiency and effectiveness
of the primary court system in Dodoma Mjini.
5. To contribute to the existing body of knowledge on the primary court system and legal
proceedings

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6.To increase experience and knowledge on how case proceedings are handled in primary court

7.To take a chance to advice the government on the challenges faces primary court and how to
solve those challenges

8.To know how civil and criminal case are heard and decided in primary court

9.To know matrimonial matters are conducted and whole process of hearing it

10.To find out problems and challenges faces primary court

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 CHAPTER TWO

CRIMINAL CASES

2.0 Introduction

Criminal cases refer to legal proceedings in which an individual or group of individuals is

charged with a criminal offense and prosecuted by the state. Criminal cases can range from
relatively minor offenses, such as traffic violations, to serious crimes such as murder, assault,
and theft. The goal of criminal law and criminal cases is to protect society from harmful behavior
and to ensure that justice is served for victims of crime.

The origins of criminal law can be traced back to ancient societies where certain acts were
considered harmful to the community and required punishment. In many early societies, the
punishment for criminal acts was often based on retribution, where the offender was required to
pay a price, often in the form of compensation to the victim or their family, for their wrongdoing.

Over time, criminal law evolved to include more formalized systems of punishment and the
establishment of legal codes that defined criminal offenses and their corresponding penalties. In
many societies, criminal law was closely linked to religious and moral codes, with criminal acts
often being seen as offenses against the divine or against the natural order.

Today, criminal law is a complex system of laws and procedures that govern the prosecution of
criminal offenses. example .PENAL CODE .

2.2 Plea of Guilty

In criminal law, a plea of guilty is a defendant's formal admission in court that they committed
the crime they are accused of. By pleading guilty, the defendant is essentially admitting to all of
the elements of the crime as charged, and waiving their right to a trial.

When a defendant pleads guilty, the court will usually ask them a series of questions to ensure
that the plea is knowing and voluntary. The court will also inform the defendant of the maximum

3
possible sentence for the crime they are pleading guilty to, as well as any mandatory minimum
sentences or other penalties that apply.

If the court accepts the guilty plea, the case will proceed to sentencing. The judge will consider a
variety of factors, including the nature and severity of the crime, the defendant's criminal history,
any mitigating or aggravating circumstances, and any other relevant factors, in determining an
appropriate sentence.

It's important to note that pleading guilty is a serious decision that should not be made lightly.
Defendants should always consult with an experienced criminal defense attorney before entering
a guilty plea, as the consequences of a plea can be severe and long-lasting, including jail or
prison time, fines, probation, and a criminal record that can impact employment, housing, and
other areas of life.

In the case of MIRIAM D/O KAUNGO .VS. YONA S/O LEONARD CASE NO .105/2023.
Criminal case concerns plea of guilty.

2.1 Summary of the Case

In this case accused person which is YONA LEORNAD charged with an offence under the
PENAL CODE CAP 16.R.E.2022.destroy or damages of property he has charged for the
offence by destroying two cellphones with the value Tsh.265.000/=belongs to MIRIAM
KAUNGO .the complainant .

PLEA

Accused person pleaded of guilty by these statement .yes is true am destroyed property of the
complainant MIRIAM KAUNGO. and am ready for payments of damages

HELD

Held by hon. ELIGY CHARLES CHAMBORA the magistrate state that because accused
person pleaded of guilty that he has destroyed property of MIRIAM KAUNGO .the

4
complainant .The court found accused person liable and guilty of an offence of destroy or
damage of property under section 326 0f the PENAL CODE CAP 16 R.E 2022.

Because accused person it’s the first wrong court is order accused person sends to jail or in prison
for duration of two months and ordered after accused person accomplish imprisonments of two
months ordered to pay the amounts of 265,000/=

2.3 Plea of Not Guilty

In criminal law, a plea of not guilty is a defendant's formal denial in court that they committed
the crime they are accused of. By pleading not guilty, the defendant is asserting their right to a
trial and requiring the prosecution to prove their case beyond a reasonable doubt.

After a plea of not guilty is entered, the case proceeds to trial. During the trial, the prosecution
presents evidence to prove the defendant's guilt, while the defense presents evidence to challenge
the prosecution's case and raise doubts about the defendant's guilt. The judge or jury then decides
whether the prosecution has proved its case beyond a reasonable doubt and whether the
defendant is guilty or not guilty.

It's important to note that a plea of not guilty does not preclude the defendant from later changing
their plea to guilty or entering into a plea bargain with the prosecution. However, once a
defendant enters a guilty plea, it is generally much more difficult to withdraw it and change their
plea to not guilty.

Defendants who plead not guilty are entitled to a range of legal protections, including the right to
a fair and impartial trial, the right to present a defense, the right to cross-examine witnesses, and
the presumption of innocence until proven guilty. Defendants who are facing criminal charges
should always consult with an experienced criminal defense attorney to determine the best
course of action for their case, whether it be to plead not guilty and proceed to trial or to
negotiate a plea agreement with the prosecution. IN THE CASE OF ESTER D/O CHEDEGO.
VS. SUZANA D/O YOHANA CASE NO90/2023

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2.1 Summary of the Case

In this case accused person charged with the 0ffence Theft under THE PENAL CODE CAP 16

R.E 2022 section 265 and section 258 by stealing deferments property belongs to SUZANA
D/O

YOHANA which is one rubber, two hot pots of foods, basket, and bag with the deferments
clothes .with the value of 690,000/=

PLEA

In this case accused person which is ESTER D/O CHEDEGO pleaded of not guilty by make a
statement ꜥꜥNOT TRUE’’. On hearing complainant has burden of proof to prove his
allegations .on supporting his allegations she has one witness without any exhibit PW1.
ZAINABU D/O SIMON and adduces evidence but his evidence was hear say evidence. but
burden of proof of the complainant based suspicion. she don ’t saw accused person steals his
property but she thinks and hope that she is the one who steals his property because she is the
one who notify the complainant that his door has broken and property has been steeled bad she
thinks she is the one who took those property.

HELD

Held by hon. ELIGY CHARLES CHAMBORA

In order the complainant win his case he must prove his allegations beyond reasonable doubt
according to section 5[1] of T GN.22/1964 and G.N 66/1964. That wanted . The court see that
complainant has not prove his allegations beyond reasonable doubt due to a certain reasons .

[i] There is no direct evidence of the complainant according to rule 10[1]a of the Magistrate
court act cap 11 re 20021, states that all oral evidence must be direct that is to say if it refers to
the fact which could be seen, it must be the evidence of the witness who say he saw it .if the

1
Magistrate court act [Cap 11 RE 2002]
6
complainant and his witness they dint’t see the accused person steal those property there is
reason to lay doubt .

[ii].Evidence of witness and complainant based on suspicion by referring precedent .Case of.
MT.G03330 PTE NASSORO MOHAMEDB ALLY .V. R.APPEAL NO 73 of 20002
[unreported]

States that the case against based on suspicion however grave is not a basis for conviction in
criminal trials .the appellant ought to have been given the benefit of doughty and acquitted .

Because the court has prove its self that complainant didn ’t his allegations beyond reasonable
doubt .accused person is not under guilty of the offence [THEFT] under section 265 and 258 of
THE PENAL CODE2

CHAPTER THREE

CIVIL CASES

2.2 Matrimonial Case

Matrimonial cases in Tanzania are legal disputes that arise between spouses or partners in a
marriage or domestic partnership. These cases typically involve issues related to divorce,
separation, child custody, property division, and spousal support.

In Tanzania, the law governing matrimonial cases is primarily based on the Marriage Act of
1971, which provides guidelines for the formation and dissolution of marriages, as well as the
rights and responsibilities of spouses during the marriage and after its dissolution.

1. Divorce: This is a legal process through which a marriage is dissolved. Divorce cases in
Tanzania can be initiated by either spouse and may be based on grounds such as adultery,
cruelty, desertion, or irreconcilable differences.

THE CASE OF ADOLENA D/O ALFRED NGOSO. VS. KELVIN BYBATO

MUTELEMWA . CASE NO 29/2022
2
The Penal Code [CAP 16 RE 2002]
7
Matter concerns petition for divorce

SUMMARY OF THE CASE

In this case plaintiff ADOLFINA D/O ALFRED NGOSO versus KELVIN BYABATO S/O
MUTALEMWA RWEYEMAMU exparte hearing conducted due to absence of the one of the
party who is the defendant KELVIN BYBATO S/O MUTALEMWA RWEYEMAMU
according to rule 23[a] of THE MAGSTRATE’S COURT’S [CIVIL PROCEDURE IN
PRIMARY COURT ]rules .

Matter concerns petition for divorce on evidence of ADOLFINA D/O ALFRED NGOSO
who is the petitioner for divorce. On his evidence she has prove to the court that they had
marriage at 07/05/2016 and one exhibit marriage certificate .and reason for petition for divorce is
that there is desertion his man run away for duration of five years without know each other .

HELD

Held by Hon .N.N. MWAKASELO court consider issue if marriage broken beyond reperable
according to section 107 [2] a of LAW OF MARRIAGE ACT [CAP 29 .R.E. 2019]3 one of the
reason made marriage broken is desertion fro period of three years.

After frame this issue together with evidence of the plaintiff

ORDER

Marriage of KELVIN BYABATO S/O MUTALAMIWA RWEYEMAMU AND

ADOLFINA D/O NGOSO is broken down according to section 110 [1] a of LAW OF
MARRIAGE ACT [CA 29 R.E 2019] and section 107 [2]e of LAW OF MARRIAGE ACT
[CAP 29 R.E 2019]4

CIVIL CASES

3
Law of Marriage Act [CAP 29 .R.E. 2019]
4
Law of Marriage Act [ CAP 29 R.E 2019]
8
In Tanzania, civil cases are generally heard in the country's judicial system. Civil cases are
disputes between two or more parties that do not involve criminal charges. These cases can
include matters related to contracts, property rights, family law, personal injury, and other civil
matters.

The Tanzanian judicial system has a hierarchical structure, with the High Court as the highest
court in the country. Other courts in Tanzania include the District Courts, Resident Magistrate
Courts, and Primary Courts. The procedure for filing a civil case in Tanzania generally involves
filing a complaint with the appropriate court and serving the complaint on the defendant. The
defendant then has an opportunity to respond to the complaint.

The court will then schedule a hearing where both parties will present their cases and provide
evidence to support their claims. The judge will then decide the case based on the evidence
presented and issue a judgment. If either party is dissatisfied with the judgment, they can appeal
to a higher court.

It is worth noting that the legal system in Tanzania is based on English common law, and so the
country's legal system shares many similarities with other common law jurisdictions. However,
there are also some unique aspects of Tanzanian law that should be taken into consideration
when a civil case in the country. CASE OF NYYASELE GENERAL SUPPLIES .VS.
GODWIN AUSON KYARUZI CASE NO .53/2023

2.3 Summary of the Case

In this case matter concerns claims of 4,420,000/= where plaintiff [NYASELE GENERAL
SUPPLIES ] claim to GODWIN AUSON KYARUZI for breach of contract where
GODWINS S/O AUSON KYARUZI [ defendant ] breach the contract for the agreements that
where agreed to buy cows skin for the money he has given too and he has not return the money .

Defendant, denies the charges.

On hearing plaintiff [JOSEPH S/O ZACHARIA representative ]he has two witness and her self
together with exhibit [document of contract which shows agreements].

9
On his evidence plaintiff assert they entered contract with defendant which concerns agreements
to buy skins where the defendant has obligation to buy those skins and plaintiff was the one who
gave plaintiff those money .and defendant breach the contract and not return those money’

On defenses of defendant after denies allegations on another day after adjournments to bring
witness to the .He has confess about the allegations and confirms that the contract they entered is
true and his signature to the contract is belongs to him. And requested for forgiveness and will to
pay for debt and damages .

HELD

Held by ELIDY CHARLES CHAMBORA .MAGISRATE it was held by referring rule 6 of

THE MAGISTRATE’S CORT [LAW OF EVIDENCE IN PRIMARY COURT] rules which
state

In civil cases the court is not required to be satisfied beyond reasonable doubt that a party is
correct before it decides the case in its favor .but it shall be sufficient if the weight of evidence of
one of the party is greater than the evidence of the other. so the court consider the evidence of
the plaintiff is greater than defendant.

ORDER

Alleged person is ordered to pay plaintiff amount of TSHS. mount of TSHS. ,420,000/= and ten
thousands of filing case [loss] and all payments should be done to the court by three terms

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 CHAPTER FOUR

OBSERVATION AND PROBLEMS

3.0 Introduction

This phases includes all 0f the problems and observation during my field attachment at
DODOMA MJINI PRIMARY COURT AT DODOMA DISTRICT

4.1 Observation

[i] Even advocates at primary court appear. even parties in primary court are represented by
advocates

This observation shows that the primary court allows advocates to appear in court on behalf of
parties. This is an important observation as it highlights the level of legal representation available
to parties in the primary court.

[ii] In criminal proceedings in primary court there is no need of use public prosecutor where
parties themselves conduct their case

This observation shows that in criminal proceedings, parties are allowed to conduct their own
case without the need for a public prosecutor. This highlights the level of autonomy given to
parties in the primary court.

[iii] There is a chain of court structure from lower court to the highest court in one building at
[IJC] l have met

This observation highlights the organizational structure of the primary court and the fact that
there is a chain of court structures from lower courts to the highest court in one building. This is
important as it shows the hierarchy of courts and how they are organized in the primary court.

Problems:
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[i] Sufficient court rooms compared to the number of magistrates which render some of the
magistrates to conduct their cases in the chamber court which is very small to cover the amount
of parties

This problem highlights the issue of insufficient courtrooms compared to the number of
magistrates, which results in some magistrates conducting their cases in a small chamber court
that may not be able to accommodate all the parties involved. This can result in delays and
inconvenience for the parties involved.

[ii] Lack of some tools used in court like rims papers, stapler, printers, files cover

This problem highlights the lack of some essential tools used in court, such as paper, staplers,
printers, and file covers. This can result in delays and inefficiencies in the court proceedings,
which can be frustrating for the parties involved.

[iii] Delay of cases due to the number of reasons, for example, negligence where some parties do
not consider the right time which they are given to appear in court. This can result in
adjournment of the case or some time to be set aside due to the absence of parties.

This problem highlights the issue of delays in court cases due to various reasons, such as
negligence by parties who do not show up on time or at all, resulting in adjournment of the case
or time being set aside. This can result in prolonged court proceedings and inconvenience for the
parties involved.

Overall, these observations and problems provide valuable insights into the functioning of the
primary court and highlight areas that need improvement to ensure efficient and effective court
proceedings.

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 CHAPTER FIVE

CONCLUSION AND RECCOMENDATION

4.0 Recommendations

By referring my observation during my field attachment and detected some of the problems
facing primary court of DODOMA MJINI PRIMARY COURT AT DODOMA DISTRICT.
The followings are the recommendations due to the problems and challenges I observed shortly.

[i] To improve some of the infrastructure especially court rooms .by adding more court rooms in
order to reduce the amount of magistrates who are using chamber court which are very small to
cover the amount parties on hearing of the cases .

[ii] To add some tools used in court like printers ,rim papers that can be used for facilitating
court proceedings also it can reduce or minimize delay of court proceedings

[iii] To increase the number of court clerks in order to ensure assistance to some of the
Magistrates who has no assistance to their works5 .

4.1.Conclusion

Therefore by conclude field practices is too good and I enjoyed and very excited because I have
learnt more things practically and made me very well capability on how to handle matters in civil
proceedings, criminal proceedings , matrimonial proceedings and issues of probates .

5
PENAL CODE CAP 16 RE 2002,
13
Also more thanks to DODOMA MJINI PRIMARY COURT AT DODOMA DISTRICT
where I attended field for counseling me very well on accountability to work especially in case
proceedings and other works .and there kindness for accepting me my request field attachment
from MZUMBE UNIVERSITY

So field practices is too good to students who study law because it create foundation for future
lawyers who have experience mentally and practically on how to handle matters facing society
example to solve disputes in defferents ways example traditional mode of solving dispute and
modern method of solving disputes

14
 REFERENCES

CASES

GODLUCK KAPINGA VS FOUNDATION FOR ENERGY CLIMATE AND ENVIROMENT

Case no 92/2023.

STATUTES

PENAL CODE CAP 16 RE 2002,

LAW OF MARRIAGE ACT CAP 39 RE 2002,

MAGISTRATE COURT ACT CAP 11 RE 2002,

MAGISTRATE COURT (PRIMARY COURT CRIMINAL PROCEDURE RULE),

MAGISTRATE COURT (PRIMARY COURT CIVIL PROCEDURE RULE),

15