elirehemu kisuu vs hope kawawa 0thers 2013 tzhc 2080 31 march 2013

IN THE HIGH COURT OF TANZANIA AT TABORA DC. CIVIL APPEAL NO. 3/2013 * (Arising from Civil Cause No. 7 of 2012 in Kigoma District Court at Kigoma) ELIREHEMU KISUU........................................................APPELLANT VERSUS 1. HOPE KAWAWA............................ ..1st RESPONDENT 2. THEOPHANES AGRIBERT.............. .2nd RESPONDENT 3. CHAIRMAN SAINT JOSEPH'S CHOIR 3rd RESPONDENT JUDGMENT 22nd Feb & 31st March, 2014 S.M.RUMANYIKA, J The appellant, allegedly exemplary v/shooter, appeals against the judgment and decree meted on him on 29th November, 2012 by the district court - Kigoma (trial court). He lost the battle, and was also ordered to pay to the respondents, shs. 2,000,000/= as general damages, and delivery to the respondents, some CDs recorded as agreed between the parties. For the two occasions: sendoff party and wedding ceremonies of the latter. The 12 grounds of appeal may boil down to only Six (6) of them substancially. (1) Failure by the trial magistrate to reject the plaint prepared by the 1st respondent in his capacity as an advocate, a party but also husband of the 2nd respondent. (2) Error in law and in fact by the trial magistrate whereby trying the case without pecuniary jurisdiction. (3) Error in law and in fact by the trial court, having entertained the claim by the 1st respondent. A stranger to the contract. (4) The trial magistrate entertaining the 3rd respondents' claim by their names in lieu of the Registered trustees of the Roman catholic church. An independent legal entity. (5) Failure by the trial court to evaluate the available evidence. Whereby ignoring the appellant's duly raised counter - claim of shs. 900,000/= (6) Wrong numbering of the suit as civil case No. 7 of 2009 instead of civil case No. 7 of 2012. Messrs Rumenyela and Kasambula learned counsel appear for the appellant and respondents respectively. , At the hearing, both learned counsel were brief in submissions. On the 1st two grounds, Mr. Rumenyela submitted that the suit was instituted in contravention of section 13 of the Civil Procedure