heritage motel vs copyright society of t another 2009 tzhccomd 17 3 july 2009

heritage motel vs copyright society of t another 2009 tzhccomd 17 3 july 2009

The High Court (Commercial Division) lacks pecuniary jurisdiction to entertain the suit as the value of the subject matter is below Tshs. 30,000,000/-, and the presence of the Attorney General as a party does not confer jurisdiction where it is otherwise lacking.

Citation
heritage motel vs copyright society of t another 2009 tzhccomd 17 3 july 2009
Parties
Plaintiff: Heritage Motel; 1st Defendant: Copyright Society of Tanzania; 2nd Defendant: Hon. Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 July 2009
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Jurisdiction, Pecuniary Jurisdiction, Necessary Parties, Government Proceedings, Constitutional Petitions
Source Language
English
Civil Procedure Commercial Law Constitutional Law Jurisdiction Pecuniary Jurisdiction Necessary Parties Government Proceedings Constitutional Petitions

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Parties

Heritage Motel

Plaintiff

Copyright Society of Tanzania

1st Defendant

Hon. Attorney General

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court (Commercial Division) has pecuniary jurisdiction to entertain the suit
  2. 2 Whether the Attorney General is a necessary party conferring jurisdiction
  3. 3 Whether the suit is properly before the court given the nature of reliefs sought

Ratio Decidendi

The High Court (Commercial Division) lacks pecuniary jurisdiction to entertain the suit as the value of the subject matter is below Tshs. 30,000,000/-, and the presence of the Attorney General as a party does not confer jurisdiction where it is otherwise lacking.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed with costs