20150821 TZHC Arusha

20150821 TZHC Arusha

The plaint is defective for not containing a specific statement of the value of the subject matter as required by law, and for containing matters of evidence rather than concise statements of material facts. These defects are fatal and warrant striking out the plaint.

Citation
20150821 TZHC Arusha
Parties
Plaintiff: Ernest Michael Pownall; 1st Defendant: Tanganyika Wilderness Camps Ltd; 2nd Defendant: Maromboi Tented Camps Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2015
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Plaint struck out with costs.
Legal Topics
Jurisdiction, Patent Infringement, Pleadings, Preliminary Objection
Source Language
English
Civil Procedure Intellectual Property Jurisdiction Patent Infringement Pleadings Preliminary Objection

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Parties

Ernest Michael Pownall

Plaintiff

Tanganyika Wilderness Camps Ltd

1st Defendant

Maromboi Tented Camps Ltd

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is defective for want of statement of value of the subject matter conferring jurisdiction
  2. 2 Whether the plaint discloses a cause of action for patent infringement
  3. 3 Whether the plaint improperly contains matters of evidence

Ratio Decidendi

The plaint is defective for not containing a specific statement of the value of the subject matter as required by law, and for containing matters of evidence rather than concise statements of material facts. These defects are fatal and warrant striking out the plaint.

Court Disposition

Plaint struck out with costs.

Orders

  • Plaint struck out with costs.
  • Right of appeal explained.