20160609 TZCA Dar es Salaam

20160609 TZCA Dar es Salaam

Striking out the suit for failure to state value was erroneous as the High Court had jurisdiction over suits against the Government irrespective of value, and the defect could be cured by amendment; proceedings of striking out and review dismissal are quashed and suit restored.

Citation
20160609 TZCA Dar es Salaam
Parties
Applicant: Hamida Hamisi; 1st Respondent: The Principal Magistrate Mbagala Primary Court; 2nd Respondent: Hamisa Salum Ubuguyu; 3rd Respondent: The Attorney-General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 June 2016
Procedural Posture
Civil Revision / Court of Appeal Ruling
Outcome
application allowed
Legal Topics
Striking Out of Suit, Statement of Value, Court Jurisdiction, Amendment of Pleadings, Review Applications, Limitation Law
Source Language
English
Civil Procedure Government Litigation Striking Out of Suit Statement of Value Court Jurisdiction Amendment of Pleadings Review Applications Limitation Law

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hamida Hamisi

Applicant

The Principal Magistrate Mbagala Primary Court

1st Respondent

Hamisa Salum Ubuguyu

2nd Respondent

The Attorney-General

3rd Respondent

Procedural Posture

Civil Revision / Court of Appeal Ruling

Legal Issues

  1. 1 Whether failure to state the value of the subject matter in the plaint justified striking out the suit
  2. 2 Whether the application for review was time-barred
  3. 3 Whether the High Court had jurisdiction over suits against the Government regardless of value

Ratio Decidendi

Striking out the suit for failure to state value was erroneous as the High Court had jurisdiction over suits against the Government irrespective of value, and the defect could be cured by amendment; proceedings of striking out and review dismissal are quashed and suit restored.

Court Disposition

application allowed

Orders

  • Proceedings of the High Court striking out the suit and dismissing the review are quashed.
  • Suit restored for hearing before another judge.