abdallah hassan vs vodacom t 2009 tzca 65 29 july 2009

The High Court lacked jurisdiction over the matter due to Act No. 2/2002, and the suit was incompetent; therefore, it should have been struck out, not dismissed.

Citation: abdallah hassan vs vodacom t 2009 tzca 65 29 july 2009
Parties: Appellant: Abdallah Hassan; Respondent: Vodacom (T)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 29 July 2009
Procedural Posture: Civil Appeal / Appeal From High Court Ruling on Preliminary Objection
Outcome: Appeal allowed in part; order dismissing the suit quashed; suit ordered struck out; each party to bear its own costs.
Legal Topics: Jurisdiction, Striking Out Vs Dismissal, Costs
Source Language: English

Civil Procedure Jurisdiction Striking Out Vs Dismissal Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Abdallah Hassan

Appellant

Vodacom (T)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling on Preliminary Objection

Legal Issues

1 Whether the High Court had jurisdiction over the land matter after Act No. 2/2002 came into operation
2 Whether the suit should have been dismissed or struck out for want of jurisdiction
3 Whether costs should have been awarded against the appellant

Ratio Decidendi

The High Court lacked jurisdiction over the matter due to Act No. 2/2002, and the suit was incompetent; therefore, it should have been struck out, not dismissed.

Court Disposition

Appeal allowed in part; order dismissing the suit quashed; suit ordered struck out; each party to bear its own costs.

Orders

Order dismissing the suit quashed
Suit struck out