20061113 TZHC Dar es Salaam

20061113 TZHC Dar es Salaam

The suit was filed in the wrong registry because the cause of action arose in Mwanza and all defendants reside or carry on business there; therefore, the suit should have been instituted in the High Court Registry at Mwanza.

Citation
20061113 TZHC Dar es Salaam
Parties
Plaintiff: Idda Pastory Kato; 1st Defendant: Managing Director, Omega Fish Company Ltd; 2nd Defendant: Regional Police Commander for Mwanza; 3rd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2006
Procedural Posture
Civil / Preliminary Objection Ruling
Outcome
suit struck out with costs
Legal Topics
Jurisdiction, Venue, Preliminary Objection
Source Language
English
Civil Procedure Jurisdiction Venue Preliminary Objection

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Idda Pastory Kato

Plaintiff

Managing Director, Omega Fish Company Ltd

1st Defendant

Regional Police Commander for Mwanza

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Civil / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the suit was filed in the correct High Court Registry as per the Civil Procedure Code, 1966
  2. 2 Whether the cause of action and residence of defendants require filing in Mwanza

Ratio Decidendi

The suit was filed in the wrong registry because the cause of action arose in Mwanza and all defendants reside or carry on business there; therefore, the suit should have been instituted in the High Court Registry at Mwanza.

Court Disposition

suit struck out with costs

Orders

  • Suit struck out for being filed in the wrong registry
  • Plaintiff to pay costs