eliphas l mollelian vs reli assets holdings another 2012 tzhc 130 13 february 2012

eliphas l mollelian vs reli assets holdings another 2012 tzhc 130 13 february 2012

The High Court (Ordinary Division) lacks jurisdiction to entertain claims arising from employer-employee relationships and related tortious claims, which fall within the exclusive jurisdiction of the Labour Division of the High Court. Quantification of general damages does not confer pecuniary jurisdiction. The suit is improperly before this court and must be struck out.

Citation
eliphas l mollelian vs reli assets holdings another 2012 tzhc 130 13 february 2012
Parties
Plaintiff: Eliphas L. Mollelian; 1st Defendant: Reli Assets Holdings Company; 2nd Defendant: Tanzania Railways Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 February 2012
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Jurisdiction, Malicious Prosecution, Employment Disputes, General Damages
Source Language
English
Civil Procedure Labour Law Tort Law Jurisdiction Malicious Prosecution Employment Disputes General Damages

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Parties

Eliphas L. Mollelian

Plaintiff

Reli Assets Holdings Company

1st Defendant

Tanzania Railways Limited

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain claims arising from employer-employee relationships and malicious prosecution
  2. 2 Whether quantification of general damages in the plaint confers pecuniary jurisdiction to the High Court

Ratio Decidendi

The High Court (Ordinary Division) lacks jurisdiction to entertain claims arising from employer-employee relationships and related tortious claims, which fall within the exclusive jurisdiction of the Labour Division of the High Court. Quantification of general damages does not confer pecuniary jurisdiction. The suit is improperly before this court and must be struck out.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out for want of jurisdiction
  • Plaintiff advised to file before the High Court (Labour Division)