ace distributors t ltd vs khalid said kengabo 2012 tzhccomd 68 22 november 2012

ace distributors t ltd vs khalid said kengabo 2012 tzhccomd 68 22 november 2012

A plaint that fails to plead facts showing the court's jurisdiction as required by Order VII Rule 1(f) of the Civil Procedure Code is incurably defective and must be struck out; a mere assertion of jurisdiction is insufficient.

Citation
ace distributors t ltd vs khalid said kengabo 2012 tzhccomd 68 22 november 2012
Parties
Plaintiff: ACE Distributors (T) Ltd; Defendant: Khalid Said Kengabo
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
22 November 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
plaint struck out with costs
Legal Topics
Jurisdiction, Pleadings, Preliminary Objection, Striking Out Plaint
Source Language
English
Civil Procedure Commercial Law Jurisdiction Pleadings Preliminary Objection Striking Out Plaint

Case Brief

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Parties

ACE Distributors (T) Ltd

Plaintiff

Khalid Said Kengabo

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint complies with Order VII Rule 1(f) of the Civil Procedure Code regarding facts showing jurisdiction
  2. 2 Whether failure to plead jurisdictional facts is a curable defect or renders the plaint fatally defective

Ratio Decidendi

A plaint that fails to plead facts showing the court's jurisdiction as required by Order VII Rule 1(f) of the Civil Procedure Code is incurably defective and must be struck out; a mere assertion of jurisdiction is insufficient.

Court Disposition

plaint struck out with costs

Orders

  • The plaint is struck out with costs.
  • Plaintiff has the option to re-file the plaint if desired.