TEOFILO KISANJI UNIVERSITY MBEYA CAMPUS COLLEGE

DEPARTMENT OF ADMINISTRATIVE STUDIES

FACULTY OF LAW
FIELD REPORT;
PREPARED BY;
SIXBETH JOSEPH SIMWABA
REG. NO: NS223/0152/2021

INTERNAL SUPERVISOR; MR. DIANA MANASE

EXTERNAL SUPERVISOR; MR. SADAM MTIMA

A COMPULSORY FIELD REPORT SUBMITTED IN PARTIAL FULFILLMENT OF

THE REQUIREMENTS FOR THE AWARD OF DIPLOMA IN LAW OF THE TEOFILO
KISANJI UNIVERSITY.

FROM; 21 JULY 2024

TO; 27 SEPTEMBER, 2024
AT SONGEA PRIMARY COURT – SONGEA, RUVUMA.

i
TABLE OF CONTENTS
List of table…………………………………………………………………………………..Page
Acknowledgments……………………………………………………………………………..i
List of Abbreviations………………………………………………………………………….ii
Declaration…………………………………………………………………………………...iii
Dedications…………………………………………………………………………………...iv
List of statutes………………………………………………………………………………....v
Table of cases……………………………………………………………………………...….vi
Abstract………………………………………………………………………………...……vii
1.0 INTRODUCTION……………………………………………………………….….…1
2.0SUMMARY OF CASE…………………………………………………………...……2
2.1 Criminal cases……………………………………………………………………………....2
2.1.1.Case on plea of guilty…...……………………………………………………...…………2
2.1.2 Case on plea of not guilty………………...………………………………………...……..2
2.2 Civil cases……………………………………………………………..…………………....3
2.2.1 Normal civil case………………………………………………………….…………........3
2.2.2 Matrimonial case……………………………………………………………….…….......3
3.0 OBSERVATION AND CHALLENGES/PROMBELS……………..…………….………4
4.0 CONCLUSION AND RECOMMENDATION/SOLUTION……………………….4

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DECLARATION
I SIXBETH JOSEPH SIMWABA, declare that this field report is my own original work and that it has not
been submitted to any University or any other Higher Learning Institution for Diploma or similar award.

SIGNATURE…………………………………
SIXBETH JOSEPH SIMWABA
DATE……………………………

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CERTIFICATION
I ……………………………………… do here by certify that, I have read this work and found it
acceptable regarding to university standards.
Supervisor signature………………………………………………………..
Mr. SADAM MTIMA.
Date…………………..

4
COPYRIGHT
All right received no party of this work may be printed produced or transmitted in any form or by any mean
whether or not accidentally in some other use of this work without the permission of the candidate or
University on behalf of the candidate.
©SIXBETH JOSEPH SIMWABA
TEOFILO KISANJI UNIVERSITY
JULY 2024

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DEDICATION
This field report is lovingly dedicated to my loving Family and relatives who have been source of my
inspiration and for their full support in my academic since I began, until where I am now. They gave me
the drive and discipline to tackle any task with determination. Without their love and support this report
would have not been made possible.

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ACKNOWLEDGEMENT
I express my gratitude to Almighty God for protecting me through my studies, also I grab this opportunity
to thank and express my heartfelt gratitude to my internal Field report supervisor Mr. abibu kamlu ,my
parents, friends; classmates and lecturers for the encouragement.
Moreover, I would also like to acknowledge with much appreciation the crucial role of the staff of
SONGEA PRIMARY COURT who gave me the permission to use all required equipment and the
necessary materials to complete the task HON. HAPPINESS SHELEMBI, HON. DIANA MANASE, MR.
AMOS HYERA also MADAM. ESHA BANDA.

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 LIST OF 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)

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 LIST OF ABBREVIATION

C/S…………………………………………………………...CONTRARY TO SECTION
CPA…………………………………………………………..CRIMINAL PROCEDURE ACT
MCA…………………………………………………………MAGISTRATE COURTS' ACT
PC…………………………………………………………….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

This is the field report attachment which was conducted at SONGEA PRIMARY COURT, in SONGEA
DISTRICT in RUVUMA region. This report contains four cases of which two are criminal nature been in
plea of guilty and plea of not guilty and the other two are of civil nature of which one is matrimonial case
and other one is based on an ordinary civil case.

During the field attachment I observed on different aspects like failure of the parties in presenting their
cases, also procedures which we learnt at TEOFILO KISANJI UNIVERSITY in determination of civil
and criminal cases are not quite different from those practically in the court. Also I learned some new
things like practicing the magistrate duties in interpreting the law; this duty was done through conducting
trials and attending cases.

Generally the report contains introduction of the report and the objectives of the field report, it contains
Summary of Criminal Cases which is categorized into two whereby one part concerns ‘Plea of Guilty’ and
the second part concerns about ‘Plea of not Guilty’, also contains summary of Civil Cases which also it has
two parts one is of Matrimonial Cause and the other is of Normal Civil Cases.

Furthermore, there are observations and problems in which it has, problems outline and conclusion. There
some of problems which facing our court like unavailability of books/file shelves, lack of court clerks, lack
of equipment, few court assessors, poor transport. As they will be stipulated in the respective chapter.

And hence conclusion and recommendations which includes recommendations and conclusion of the field
conducted. On the Recommendation there should be good equipment to facilitate the process which was
carried on before the court of law to avoid misplacement of file, trained to the assessors and clerk in order
to assist magistrates on criminal and civil matters. Provider of transport example on the circumstance
where is necessary to visit the scene of a crime. As these all will be stipulated in their respective chapter,
which is chapter five. And in conclusion field is a good way of learning for a student pursuing law carrier
because it gives knowledge and tremendous skills all those aiming to make effective and efficient practical
before the court and participate on all the procedure follow on civil and criminal cases which is what they
expect to do after the end of the course.

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 TABLE OF CASES
CRIMINAL CASES

PLEA OF GUILTY

NASRI HUSSEIN v. MOHAMED CHILWA C/N 740 OF2016

PLEA OF NOT GUILTY

 JANE NGOLWE v GRACE MUSSA C/N 702 OF 2016

CIVIL CASES

NORMAL CIVIL CASE

 ASHA RAJABU V BERNARD JUSTINE C/N 93 OF 2016

MATRIMONIAL CASE
 MWANAHAMISI KISSAMVU V MKALI W. MKALI C/N 45 OF 2016

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 CHAPTER ONE
INTRODUCTION
CONCEPTUALIZATION
This is field report for Diploma in law whereby the attachment period was from 13 th July to 25th September.
This field took place at Songea District at SONGEA PRIMARY COURT under the external supervision of
Mr. SADAM MTIMA the primary court magistrate and internal supervision of HON. DIANA MANASE

SONGEA PRIMARY COURT had number of cases due to the rapid growth of Songea District, which
render to have a number of cases at SONGEA PRIMARY COURT both of Criminal nature and those of
Civil nature brought before it. SONGEA PRIMARY COURT had eight Chambers, three chambers are not
operating normal five chambers are used and each Chamber had one magistrate, two court assessors and a
court clerk, there were also two open courts which were not operating due to some few problems.

SIGNIFICANCE AND OBJECTIVE OF THE FIELD ATTACHMENT

General Objectives;
The main objective of the field work is to learn practically on how criminal and civil proceeding are
conducted in primary courts of Tanzania.

Specific Objectives;
More specifically in this report on issue of criminal and civil nature as already pointed out, the specific
items that I wanted to work up on was plea of guilty, plea of not guilty, matrimonial and any other civil
case.
 How matrimonial cause are conducted
 How the court attends to its work
 Unity of the workers at the court

Criminal cases originated from the word “CRIME” which means an act that deemed by statute or
by the common law to be public wrong and is therefore is punishable by the state in criminal

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 proceeding.1

Criminal case may also be defined as those human conduct or harm conduct which may be or are reported
to have been committed by a person and which are punishable by the state in criminal proceeding. In order
to find someone who has committed an offence two element must be proved which are; MEANS REA and
ACTUS REUS.
These two elements have been given in Latin words which mean the following;
Mensrea means the state of mind of the accused person and “Actus reus” means the physical act of accused
person
On the other hand in civil proceeding the law required that before institution of the civil litigation a
part must be notified of the intended action to be taken against as result of the court. And the
purpose is to avoid taking the other part into surprise. This is done through demand note or letter.

By definition; Demand note is the legal document drafted by potential plaintiff and saved by the
potential defendant notify the potential defendant of the action intended to be taken by the plaintiff
so that if he wishes he may take any action to stop the action intended by the plaintiff

Therefore, before institution any civil cases it is paramount important to take into consideration of
the following factors
 Jurisdiction of the court
 The law of limitation
 Also, the nature of the case

1
OXFORD DICTIONARY OF LAW (at pg.144)

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 CHAPTER TWO
CRIMINAL CASES
This is the portion that consists of summary of criminal cases which are into two (2) categories that are plea
of guilty and plea of not guilty as explained below.

PLEA OF GUILTY
Plea is a formal statement made in court by an accused person as a response to the charge made against
him.2Plea of guilty is a situation whereby the accused confess to the offence charged. The Plea of Guilty
has two major effects; that the accused admits the fact of the charge and the accused admits that without
further evidence the court is entitled to enter a conviction against him. The procedures to be used by the
court when the accused plead guilty are provided under s.228 (2), 3 this section provides that when the
accused plead guilty or admits the truth of the charge ,first the court will record that Plea, second the
magistrate shall convict him and third the court will pass a sentence or make an order against him. The case
that it was entertained on Plea of Guilty during my field was;
NASRI HUSSEIN (Complainant) v. MOHAMED CHILWA (Accused).4 Before the SONGEA
PRIMARY COURT at Songea District was Mohamed chilwa the accused, charged with an offence of
assault causing actual body harm c/s 241 of the Penal Code.5

MATERIAL FACT
In this case the complainant was employee by the accused person to construct and to ensure polls to be
smooth as normal iron steel, after the work to be complete an accused person came and want to take iron
steel by using force, in the course of taking the iron steel an accused person caused the harm and pain to the
finger of the complainant. After that the complainant decides to report the matter to the police station and
the matter brought before the court.

ARGUMENTS
When the charge sheet was read to the accused person, he pleaded guilty.

HELD
2
OXFORD DICTIONARY OF LAW(at pg.408)
3
Section 228(2) 0f Criminal Procedure Act[CAP 20,R.E.2002]
4
Cc.no 740/2024pc
5
CAP.16[R.E2002]

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The court convicted the accused person under s.241 of the Penal Code Cap.16 on his own plea of guilty as
he admitted the facts given by the complainant.

MITIGATION
The accused said that he gives the work to the complainant and he got an accident and the complainant
disturbs him to give his right.

SENTENCE
The court sentenced the accused person to one (1) year imprisonment as an example to all dishonest like an
accused person..

PLEA OF NOT GUILTY

This is the situation whereby the accused person denies the truthfulness of a charge. “If an accused person
does not admit the truth of a charge the court shall proceed to hear the case”, and this would be done by
opening the case to the prosecution side.6 Having entered a Plea of not guilty in Primary Court, the court
have to ask the complainant if he is ready for the opening of the case, if the complainant is ready for trial
and the witnesses are present the hearing will start immediately but if the complainant is not ready for trial
is that day the court will to adjourn the case to another date mentioned for hearing and the accused will be
remanded in custody or set free on bail. The case that I presided over on Plea of not guilty was that;
JANE NGOLWE (Complainant) v. GRACE MUSSA (Accused).7 The accused was charged for theft
c/s 257 of The Penal Code [CAP 16 R.E 2002]. In this case the accused has been working for the
complainant as shopkeeper of body spray, m-pesa, tigo-pesa, airtel money, cd and selcom which was
under the supervision of the complainant for a period of one year and three month. On 27 th march
2024the complainant goes to her shop to calculate the money of business and discover some loss of
money which is Tsh 1,185,344/= the complainant asked the accused person about the loss of that money,
she said did not know, also complainant asked accused how many days discover the loss of that money
she said three days ago, and she said there are some money which gives to the selcom Tsh 200,000/= on
Sunday although that day selcom did not perform their work but accused said selcom come and take the
money even Sunday, the complainant check the machine of selcom and seeing that money did not taken
by the selcom. Complainant calling the selcom and answered that accused person did not provide money
6
Section 228(3) of Criminal Procedure Act[CAP 20,R.E.2002]
7
Cc No.702 [2016] PC

15
to selcom, complainant asked again accused person where did she take the money, accused did not
answer and remain silent. The complainant decided to report the matter to the police station and the
matter was brought before the court.
Before SONGEA PRIMARY COURT the accused pleaded not guilty and the court ordered both parties
(complainant and the accused) to bring witnesses to support their case. According to S.33 of the PCCPC
requires the each party to bring two witnesses.

PW1; this was the first witness who was the complainant himself, he affirmed before the court of law that
the accused stolen the money

PW2; The second witness was Ramadhani s/o Nzuji, aged 29, Islamic religion, Mzigua in tribe, a business
man and lives at Mbezi, he also affirmed while giving is testimony that what he know is that the accused is
shopkeeper of his wife. On 1 December 2014 the complainant and accused person together with me we
wrote he contract of the accused to be the shopkeeper on the same date my wife give the accused Tsh
3,000,000/= as the money of business. Accused person perform her work properly but later on she change
and started problem o losses of money, fist day loses the money does not terminate her work, another day
loses Tsh 500, 000/= her continue to work but it hard in three days to loses Tsh 1,185,344/= it is a lot of
money and witness also prove that the accused did not provide money to selcom.

The complainant had no more witness and the court opened the defense side to defend its case but the
defendant side had no witness and he stood on his own in defending the case that was before him.

DW1; the accused Grace Mussa, 21 years old, Christian religion, mnyaturu in tribe, and live at mabibo, she
affirmed before the court of law while giving her evidence. she said that started work without contract but
wrote the contract after loss to occur, she said that we were principle to calculate the money every day
although Saturday and Sunday, since started January 2024the complainant was not perform good in
calculation of money and in our office there are two keys one of the complainant and other of mine and
those know the password. On 27th 6 2024 complainant come in to the office and done the calculation of
money and discover loss of money and told me I take that money but I did not take it
ISSUES
In this case the court raised three issues, which were;

16
  Whether an accused person taking the money from the complainant
 Whether an accused person admitted to loses the money on er hand
 Whether an accused person stole the money

The answer on the first issue is that there is no any resistance on the accused person to take the money from
the complainant because the accused person herself aid at the court that her given Tsh 3,000, 000/= from
the complainant.
The answer on the second issue is due to the fact that the accused person admits to lose the money and
therefore the accused person admits to lose that money on her hand.
The answer on the third issue is that due to the fact that therefore because the accused admit herslf given
the money from the complainant and some of money to be loses on her hand and when the court examine
an accused if the complainant can steal herself, the accused said impossible this show that an accused know
where is that money.
Therefore, the court convicted the accused person c/s 265 of the Penal Code,8

MITIGATION
The accused person said that her mother is blind and she depends on her, also having relatives which
depend on her too.
SENTENCE
The court considered on the mitigation of he accused person and shown that this is the first offence
committed, the court sentenced an accused person to pay fain the complainant not less than 100, 000/= and
failure to pay that money an accused person sentenced to six-month imprisonment.

CHAPTER THREE
CIVIL SUITS
This is the second part and there are two cases, one is the matrimonial case and another is the ordinary civil
8
CAP.16[R.E.2002]

17
case

AN ORDINARY CIVIL SUIT.

The case that I have presided over on a normal civil case was that of ASHA RAJABU BAGAME
(Plaintiff) v. BENARD JUSTINE (Defendant).9 In this case the claimant filed a suit, demanding to be paid
a debt of Tshs.240, 000/=.

The claimant ASHA RAJABU BAGAME claimed for her sum of money that Tshs.240, 000/=. She said
that on 20/ 02/ 2024the defendant came with his child who was left with his mother for the purpose of
maintaining him, by the agreement that he will pay me sum of money Tsh 80,000/= per month, and I have
been maintained for three month and she was not paid for that months, and the defendant came and taken his
child without paying her amount of money which was Tshs.240, 000/=.

Also the defendant was not agreed with the amount Tshs.240, 000/=, which was claimed by the claimant.
The defendant said that the sum of money that is stated on the plaint is not true for him he understand that
he only own to pay sum of money that is Tsh 100, 000/= .

After the court of law to hear both sides of the party and satisfied itself according to the evidence which
was brought before the court of law by the party and the defendant fail to convince the court of law,
therefore the court of law allowed the suit in favour of the claimant and ordered the defendant to pay all
amount of money which was Tshs.240, 000/= claimed by the claimant.
If the defendant failed to do so, as ordered by the court of law, the court shall take further steps of the law.
And this decision was made according to section 52 of PCCPR.

Appeal was allowed within thirty days since the decision was made.

MATRIMONIAL CAUSE
These are cases which governs the relationship between the spouses and whereas if the marriage turn sour,
the aggrieved or injured party has the right to petition for the decree of separation, divorce, maintenance of

9
Civil case No.93 [2016] PC

18
children or division of matrimonial assets.
During my field attachment in civil matrimonial case I presided over the case between MWANAHAMISI
KISSAMVU (Plaintiff) V. MKALI W. MKALI (Defendant).10In this case the plaintiff petitioned for
divorce, maintenance and division of matrimonial assets before the court of law.

MATERIAL FACTS
The defendant was a husband of the petitioner, they were not married but they lived together as husband
and wife for twenty seven years (27). They had three children. Their first child is twenty four years old, the
second nineteen years old and the third fifteen years old. The plaintiff filed a petition for divorce because
the defendant rejected to be a husband of the petitioner because the petitioner did not want to change her
religion, the petitioner was Islamic religion and the defendant was Christian religion. During their marriage
acquired one house that they both lived in, one motorcycle, four machines, and two grounds one located at
kibaha and another located at mbezi. The defendant also claimed for maintenance of children.
ISSUES
 Whether the petitioner proved her claim on balance of probabilities
 whether the defendant claim render their marriage to be broken-down irreparably

HELD
The court held that the marriage between the petitioner and the defendant has been broken down
irreparably as per section 107(3)(c).11And the court ordered the defendant to provide maintenance f their
three children as per section 125(1)(2)(a-c) 12, also court ordered the division of matrimonial assets that the
house remain to be the property of the children that they acquired during their marriage. So the plaintiff
won the case.

CHAPTER FOUR
OBSERVATIONS AND PROBLEMS
This chapter involves all matters which it was observed including those problems it was faced during my

10
Civil case no.45 of 2024PC
11
Law of Marriage Act[CAP 29,R.E 2002]
12
ibid

19
field work at SONGEA PRIMARY COURT.

OBSERVATIONS
During the field work it was observed several things which include the ways of how things are ruled in and
around the court. It was observed that there can be alternative procedure a part of laid down in running the
whole role of providing justice to the people without violating the law.

It was also observed almost everything I studied before the starting of field attachment; it was not an
imagination but reality proven by both physical and mental practicing. I also manage to observe and learn
how the combination of person else work in court in serving the provision of legal justice to the people.
Cooperation between the court officials and students, during my field attachment I observed grateful
cooperation between the court officials themselves and other workers at the court. We were taught different
things including the preparation of the charge sheet, summons, and registration of cases and those
procedures from the arrest to sentence.

PROBLEMS
During my field attachment at SONGEA PRIMARY COURT at songea district in ruvuma I faced different
problems including those problems around the court.

of Poor court room facilities, during my field attachment I found most court room were old
compared to the social change. During the court session some of the parties stayed outside the court
room due to inadequate capacity the court room to accommodate the witness and other observers.

Poor storage of court document, this is major problem that faced the court at SONGEA PRIMARY
COURT. Files were stored manually in a conspicuous place where by any person could see and do
whatever up on them.

SONGEA PRIMARY COURT faced the problem of lack of technological tools such as computer which
can make the work be mostly fast; they used pen and papers only in conduct court activities.

There was delay of cases due to unnecessary adjournment of cases at SONGEA PRIMARY

20
 COURT. It was massively characterized by the absence of the parties and sometimes the evidence
was not complete.

Corruption was also a very big problem observed during my field attachment, people were paying
for documents which were free according to the law for example; the court summons. Also people
were paying some amount of money so that their case could be heard first; this caused the delay of
justice.

CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
This portion contains the recommendation on what should be done in order to improve the provision of

21
legal services especially in primary court plus the conclusion of the of the whole field work information
RECOMMENDATIONS
Starting with the suggestions of the following are recommendations on what should be done to improve the
status of provision of legal justice especially in primary courts.

To encourage the use of modern ways of data recording management system. This is by introducing
modern facilities and ways of how to keep and manage of data and information, like computers are mostly
needed to facilitate this strategy.

Improving primary court infrastructures and environment in general, this is to proportionally meet
the ratio of the people in need of legal services because they are so many compare to the ability of
the court to handle. This can be done by adding and fixing of buildings so that services can be
provided accordingly.

Increase of number of Magistrates in Primary courts, the number of case in primary court is very
high compare to the magistrates available. The Government has employed many magistrates to
ensure justice is done in the primary courts. This will enable the courts to fasten the cases once
there instituted and will reduce occasional adjournment of cases.

CONCLUSION
The field work is the best way of learning and exercising various knowledge, skills and techniques
especially to a law student. This gives a student more knowledge on how to practice law. The fact of
imposing and applying of field to law student is very crucial, in general it helps to accomplish total
understand of the whole theories we have been undertaking during Classes. Appreciations to my
supervisors, fellow students, and the court officials of SONGEA PRIMARY COURT for their cooperation
in conducting this field attachment.

One of the best learned advocates Prof. Lumumba once said “The profession does not lack lawyers, the
profession lacks competent lawyers”. Therefore practicing law is what makes one to be a competent lawyer
and is lucky I took part in this field attachment. I am looking forward to meet my best performance out this
field attachment I invested time to.

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 BIBLOGRAPHY
LIST OF STATUTES

23
 THE PENAL CODE [CAPE 16 R.E 2002]
LAW OF MARRIAGE ACT [CAP 29 R.E 2002]
THE MAGISTRATE COURT ACT [CAP 11 1984 R.E 2002]
THE PRIMARY COURT CRIMINAL PROCEDURE CODE [R.E 2002]

TABLE OF CASES
CRIMINAL CASES
Plea of guilty
 NASRI HUSSEIN v. MOHAMED CHILWA CC NO.740/2024(SONGEA PRIMARY
COURT)

Plea of not guilty

 JANE NGOLWE v. GRACE MUSSA CC NO.702/2024(SONGEA PRIMARY COURT)

CIVIL CASES
 Ordinary civil case
 ASHA RAJABU BAGAWE v. BENARD JUSTINE CIVIL CASE NO.93/2024(SONGEA
PRIMARY COURT)

 Matrimonial case
 MWANAHAMISI KISSAMVU V. MKALI W. MKALI CIVIL CASE NO.45/2024(SONGEA
PRIMARY COURT)
BOOK
 OXFORD DICTIONARY OF LAW

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