20140314 TZHC Dar es Salaam

20140314 TZHC Dar es Salaam

The court found that the present case, being based on tortious acts and not a commercial transaction, is distinguishable from the cited authority on pecuniary jurisdiction. The amendment to join the 3rd defendant was proper as it was necessitated by the transfer of liabilities. The preliminary objection was overruled.

Citation
20140314 TZHC Dar es Salaam
Parties
Applicant: Hassani Said; 1st Defendant: Tan Russ-Investment Ltd t/a Movenpick Royal Palm Hotels; 2nd Defendant: Braison Moshi; 3rd Defendant: Serena Hotels t/a Dar es Salaam Serena Hotels
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 March 2014
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Pecuniary Jurisdiction, Amendment of Pleadings, General Damages, False Imprisonment, Defamation, Malicious Prosecution
Source Language
English
Civil Procedure Tort Pecuniary Jurisdiction Amendment of Pleadings General Damages False Imprisonment Defamation Malicious Prosecution

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Parties

Hassani Said

Applicant

Tan Russ-Investment Ltd t/a Movenpick Royal Palm Hotels

1st Defendant

Braison Moshi

2nd Defendant

Serena Hotels t/a Dar es Salaam Serena Hotels

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has pecuniary jurisdiction where the main claim is for general damages
  2. 2 Whether the amendment of the plaint after mediation was proper

Ratio Decidendi

The court found that the present case, being based on tortious acts and not a commercial transaction, is distinguishable from the cited authority on pecuniary jurisdiction. The amendment to join the 3rd defendant was proper as it was necessitated by the transfer of liabilities. The preliminary objection was overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Costs to follow the event in the main suit
  • 1st Pre-trial conference scheduled for 27/5/2014