20120607 TZHC Dar es Salaam
The High Court lacks jurisdiction because the amount claimed falls within the pecuniary jurisdiction of the Resident Magistrate and District Court, and the law mandates suits be filed in the court of the lowest grade competent to try them.
- Citation
- 20120607 TZHC Dar es Salaam
- Parties
- Plaintiff: A. B. Imani Pharmacy; Defendant: Medical Express Tanzania Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 June 2012
- Procedural Posture
- Civil / Preliminary Objection Ruling
- Outcome
- Suit struck out for want of jurisdiction
- Legal Topics
- Jurisdiction, Pecuniary Jurisdiction, Institution of Suit
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
A. B. Imani Pharmacy
Plaintiff
Medical Express Tanzania Limited
Defendant
Procedural Posture
Civil / Preliminary Objection Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a suit where the claim falls within the pecuniary jurisdiction of the Resident Magistrate or District Court
Ratio Decidendi
The High Court lacks jurisdiction because the amount claimed falls within the pecuniary jurisdiction of the Resident Magistrate and District Court, and the law mandates suits be filed in the court of the lowest grade competent to try them.
Court Disposition
Suit struck out for want of jurisdiction
Orders
- Suit is struck out
Full Case Text
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