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CHAPTER ONE

1. INTRODUCTION:

Field attachment is very importance part in the course of Diploma in Law

offered by the I.J.A. at Lushoto. It is stipulated according to Regulation of the [Link].
Lushoto, that all Diploma in Law students are required to undertake practical training
in the courts of law in the form of field attachment.
The main objective of the I.J.A. Lushoto is to conduct Legal research in
priority areas determined by the Governing Council and the Institute and apply
training programmes, Production of the academic literature and generally for
continued enrichment of the curriculum and teaching.
A Diploma in Law student at this Institute was allocated at the Moshi Urban
Primary Court of Moshi town to conduct legal 56 days from July 5 th to August 27th
2010. This programme is aimed at providing a practical element in my studies.
Through field attachment at this station, I was provided with an opportunity to
practice some theoretical concepts learned in classroom that is to practice principle
and rules of law and procedure.
Every student in the Primary Court should act as a Primary Court
Magistrate by Presiding with four cases that is Proceedings on the Criminal cases
which are Plea of guilty and Plea of not guilty, Civil Proceedings and Matrimonial
Proceedings. These procedures over cases are conducted and to learn how procedures
over cases are conducted.
The report portrays vividly successes attained and problems observed and
the suggested solution to said problems. The report is divided into chapters, which
are the Introduction, Research Methodology, Summary of cases, Recommendations
and conclusion.
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CHAPTER TWO

2. RESEARCH METHODOLOGY:

2.1: METHOD OF DATA COLLECTION:

A research is supposed to be carried out after for proper and appropriate

materials have been collected and examined. There several ways which have

been sued while preparing this report.

The techniques that I have sued while collecting this information are

participation, interviewing and observation in order to attain the correct

information.

Those ways of date collection shown above have been used as necessary

date in order to clarify and justify the legal issues dealt in court during my field

practice.

2.2: PARTICIPATION METHOD:

I personally participated fully in the court in hearing and deciding the

cases which are related to my field attachment. I decided to use this method

because I believe it strongly requires my fully participation in the process of

hearing and deciding cases. I closely presided over all the cases that are

concerned with my field attachment under the proper supervision of Hon. A.K.

Shabani under this method direct instructions on decided cases from the

supervision were made and I had an opportunity to understand various matters

in relation to the Primary court.

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2.3: OBSERVATION METHOD:

Through this method what I observed is mostly the same or equally the

same with what my fellow students at their field stations observed. The

challenges, problems and difficulties which the Primary Courts are facing are all

the same all over the country although remoteness which each Primary Court is

situated or located.

During the field attachment, I was able to attend in court session with the

magistrate and this enables me to experience the magisterial duties. I learnt on

how to hear the case from beginning how to take evidence how to treat hostile

witnesses and refractory witnesses and how to decide the case and came out

with decision.

Also I learnt that it is the duty of magistrate to admit charges before being

opened in the files and registered. The magistrate must make sure that the

charge has correct section, has offence known in law and also to see it the court

on the matter or it has any defect as it provided under section 21 of the PCCPC.

I also noticed that most of time, PCM’s they do not prefer to use copy of

statute during the proceedings in referring the different provisions of the Law

and most of current statutes are not available in the court.

Another interesting issue I observed at my field station there was very

high co-operation and understanding among the staffs, magistrates and court

clerks and office attendants. For example one PCM feels sick another PCM

calls the files for adjournment on behalf of the one who feel ill.
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2.4: INTERVIEWING METHODS:

A research is supposed to be carried out after for proper and appropriate

materials have been collected and examined. There several ways which have

been sued while preparing this report.

The techniques that I have sued while collecting this information are

participation, interviewing and observation in order to attain the correct

information.

The only reason which made me use this method was in order to hear

from different people on the relevant materials or matters and service provided

by the Primary Courts; moreover I interviewed PCM’s Court Clerks, Office

attendants and assessors on how the PCM’s undertaking its noble duty of

adjudicating the right of the people.

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2.5: SUMMARY OF CASES:

2.5.1. CRIMINAL CASES:
Criminal cases are those cases that are defined by the Penal Code.
2.5.2. PLEA OF GULTY:
Plea of Guilty refers to the admission of all ingredients of the offence by
the Accused Persons after the charge is read over against him.
The parties in this case were Nassoro Mfaume Vs. Emmanuel Michael
Mchaga and it was a Criminal Case No1023/2010. The Accused in this case was
charged with the offence of Malicious damage c/s 326 (1) of the Penal Code.1
The complainant alleged that, on 1 st July 2010 about 17.30 hours at
Kikavu Chini Area within the Municipality, District of Moshi Kilimanjaro
Region, did willfully and unlawfully destroy or damage one car make Toyota
Hiace Registration No.T.312 A.E.A. to broken by using a stone, six wind screen
glass valued 330,000/=, the property of Nassoro Mfaume. When the charge was
read over to the accused person entered unequivocal Plea of Guilty. The Court
ordered the Prosecutor three times to read and to explain it to the Accused. There
after the Accused admitted the all ingredients o the charge.
Relying on Plea of guilty by the Accused person and the particulars of the
case as provided by the complainant the Accused person was found guilty of the
offence of malicious damage c/s 326 (1) of the Penal Code 2 and convicted
accordingly under s.37.3 The accused is committed to serve custody sentence in
prison for the term of twelve (12) months.

_____________________
1.
CAP.16 R.E. 2002
2.
Ibid.
3.
Primary Court Criminal Procedure Code
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2.5.3. PLEA OF NOT GULTY:

Plea of not guilty refers to the partly admitting the ingredient of the charge
or total rejection by the accused person after the charge is read over against him.
This was the Criminal Case No.975/2010, the Parties were Mohamed
Rajabu Vs. Juma Athuman Hatibu, the Accused was charged with the offence of
Wounding, c/s 228 (1) of the Penal Code. 4 It was alleged that on 18 th June, 2010
about 14:00 hours at Pasua area within the Municipality, District of Moshi and
Kilimanjaro Region. Accused person unlawfully wounds the complainant by using
knife on his left hand.

After the charge read over, the accused pleaded not guilty. Going through
the evidence adduced by the complainant and his witnesses the court being
satisfied that the evidence adduced by the prosecutions side was varying with the
statements contained in the charge sheet due to those discrepancies the court was of
the view that the prosecution failed to prove the case against the accused person
beyond reasonable doubt. Then court acquitted the Accused person accordingly as
per s.37 (1).5

2.6. CIVIL CASES:

Civil suit are those cases involves Civil matters before the court of law like Probate
Causes, Civil cases for recovery of money, the one who files the suit is know as
Plaintiff and the defence side is known as Defendant. Civil Cases concerning
individual person relating to different matters pertaining to individual themselves. 6
Procedures in Civil suit are governed by PCCPR and Civil Procedure Code.7

____________________________________
4.
Cap.16 R.E. 2002.
5.
Primary Court Criminal Procedure Code.
6.
L.B. Babel, Law Dictionary.
7.
CAP 33 R.E. 2002
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2.6.1. NORMAL CIVIL CASE:

Normal civil case pertaining to the private rights and remedies of the

parties.

The parties in this case were Nora Daudi vs. Gilbert Charles Ngowi,

whereby the Plaintiff in this case prayed for the maintenance of herself, children

and division of the matrimonial assets.

Facts in brief of this case is that the Plaintiff is a wife and husband for

twelve years where the parties celebrated traditional marriage in 1993 and the

marriage was blessed three issues and those are under the Plaintiff’s custody.

After the Respondent got married second wife in 2004 he left the plaintiff’s house

and he could no longer provide her maintenance with her children.

Having gone through evidence adduced by both parties, the court satisfied

that, the Plaintiff is a legal wife with three issues therefore the Defendant shall

provide maintenance to the plaintiff as provided under S.63 of LMA, 8 as well as

children. The matrimonial assets will be considered by the court after the court

satisfied that the marriage is irretrievably broken down as per s.107 (3) of LMA.9

_____________________________
8
CAP 29 R.E. 2002
9.
Ibid

2.6.2. MATRIMONIAL CASE:

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Matrimonial Case is an action between the husband and wife respecting

the rights under the marriage such as divorce. The procedures of dealing with

matrimonial cases are the same as in civil suits. The law governing matrimonial

case is LMA.10

This is a Matrimonial Cause No.31/2010; the parties in this case are Aisha

Hamadi Vs. Hamadi Hussein Mdeme. The Petitioner in this case is petitioning for

divorce, distribution of matrimonial assets and maintenance of the children.

Facts in brief of this case were as follows, that the parties’ celebrated

Moslem marriage in 1979, the marriage was blessed with five issues that those are

still under the petitioner’s custody. She further told the court that during the years

of their marriage they were succeeded to set up two houses one in Njoro – Moshi

and the second house are in the same plot.

The conflict raises after the respondent decided to marry the second wife
and immediately before he left his matrimonial home for the almost three weeks
and he could no longer provide her maintenance with her children.
Having gone through evidence adduced by both parties the court satisfied

that the petitioner’s petition is valid before the eyes of the law, the letter from the

Conciliation Board recommended that it has failed totally to reconcile the parties

these all are just evidencing that the marriage is irretrievably broken down as per

s. 107 (3) of the LMA.11

_____________________________
10.
CAP 29 R.E. 2002
11.
I bid
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CHAPTER THREE

3.1: RECOMMENDATION:

After finishing the field certain matters have been observed. They

include difficulties and challenges in the judicial field. It is very crucial to lay

down some opinions on how the problems can be reduced or even wiped out

totally.

At the Primary court lack of means of transport is a huge problem. I learnt

that if the Government through the judiciary can work on this problem and help

the magistrate and other judicial staffs to arrive on their working stations on

time this will help to resolve the problem of delaying cases through unnecessary

adjournments and prolonging the proceedings.

The judicial department and executive should work together to cure the

problem of court assessors most of them are very old and probability of training

them so that they became up to dated with the legal system of the Government.

Also in order to comply with the procedures in the course of administering

justice in the PCs, I suggest that the PCMs be able to increase their Law

Education even in the level of Bachelor, and this will be in the position of the

Advocates to prosecute and control the proceedings of the cases in PCs in the

administration of justice.

Despite the above short comings the public is still confident with the judiciary

because people trust in it as the only instrument they will gain their rights.
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3.2: CONCLUTION:

During the period I was doing my field at Moshi Urban Primary Court in

Moshi town, I learned many things especially how the Primary Court is

conducting its judicial matters.

Since the judiciary is the only organ given the power to determine the

legal rights of people, so the government should work extremely hard they

should make sure it maintains its status and reputation in front of the majority of

Tanzanians
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BIBLIOGRAPHY:

BOOKS:

1. Babel, L.B. Law Dictionary, Central Law Agency, Indian Press (Pubs). P. Ltd,

2001.

2. Msaghaa, R.O., Research Methodology Arusha, Prompt Printers & Publishers

Ltd, 2008.

STATUTES:

 The Penal Code [CAP 16 R.E. 2002]

 The Civil Procedure Code [CAP 33 R.E. 2002]

 The Law of Marriage Act [CAP 29 R.E. 2002]

 The Magistrates’ Courts (Civil Procedure in Primary Court) Rules [CAP 11 R.E.

2002]