20120607 TZHC Dar es Salaam

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IN THE HIGH COURT OF TANZANIA

AT DAR ES SALAAM CIVIL CASE NO. 174 OF 2009 A. B. IMANI PHARMACY . . . . . .. . . . . . . . . . . . . . PLAINTIFF

VERSUS MEDICAL EXPRESS TANZANIA LIMITED . . . . . . . . DEFENDANT Date of last order-:· 15/ 12/ 2011 Date of Ruling - 7/6/2012

RULING Shangwa, J. This is a preliminary objection raised by the defendant against the suit. The point of objection raised herein is that this court has 1 no jurisdiction to hear or determine the suit between the parties. In his written submissions, counsel for the defendant sul;)mitted that the plaintiff is claiming from the defendant ,Ill ... j I, .... 2 t.., I a sum of Tshs.59,805,103/50 which falls within the pecuniary jurisdiction of the court of the Resident Magistrate/District Court. He contended that as a claim of .. Tshs.59,805, 103/50 falls within the pecuniary jurisdiction of the aforesaid courts as per S. 40 (2) of the Magistrates Courts Act as amended . by Act l\T<;>. 25 of 2002, the plaintiffs suit·ought to have been filed_ either in the court of the Resident Magistrate or. in the District Court even though this c,ourt has pecuniary jurisdiction to try a suit in which the claim involved is Tshs. 1 only. In support of his conte·ntion, he referred the court to S.13 of the Civil Procedure Code Cap. 33 R.E. 2002 which provides as follows and I quote:-. "S.13 Every suit shall be ins~ituted in . ' • • . ," r ~• -~ . the ·court. ·, of · the. · lou,est g-rac!,e competent to try it and, for the 3 purposes of this section,·· a court of the Resident _Magistrate and the District Court .~hall be deemed to be courts of the same grade". It is not in dispute as· ~ubmitted by

counsel for the defendant that the amount c~aimed by the plaintiff from the defendant in this case is Tshs.59,805,103/50. It is true as submitted by counse~ for the deferidarit that this amount falls within the pecuniary jurisdiction of the court of the Resident Magistrate and the· District Court. This is as provided for under S. 40 (2) of the Magistrates Court Act as amended by Act No. 25 of 2002·. Now, so long as the amount claimed 1n the s-ui t falls within the pecuniary jurisdiction of the said courts and so long as it is a mandatory requirement of law tp.at every suit shall be instituted in the court of th.e lowest grade