20150819 TZHC Arusha

20150819 TZHC Arusha

Parties are bound by their agreement to submit disputes to the Commercial Division of the High Court. The clause does not oust the jurisdiction of the court but reflects the parties' intention. Therefore, the suit should have been filed in the Commercial Division, not the ordinary High Court.

Citation
20150819 TZHC Arusha
Parties
Plaintiff: Jackson Harrison Tesha; 1st Defendant: CRDB Bank PLC; 2nd Defendant: VOi and Company Limited Auctioneers & General Broker; 3rd Defendant: Dominick Nyambige
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 2015
Procedural Posture
Civil / Preliminary Objection Ruling
Outcome
Preliminary objection sustained; case struck out with costs.
Legal Topics
Jurisdiction, Contractual Dispute Resolution Clauses
Source Language
English
Civil Procedure Commercial Law Jurisdiction Contractual Dispute Resolution Clauses

Case Brief

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Parties

Jackson Harrison Tesha

Plaintiff

CRDB Bank PLC

1st Defendant

VOi and Company Limited Auctioneers & General Broker

2nd Defendant

Dominick Nyambige

3rd Defendant

Procedural Posture

Civil / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the High Court (Arusha Registry) has jurisdiction to entertain the matter or if it should have been filed in the Commercial Division of the High Court

Ratio Decidendi

Parties are bound by their agreement to submit disputes to the Commercial Division of the High Court. The clause does not oust the jurisdiction of the court but reflects the parties' intention. Therefore, the suit should have been filed in the Commercial Division, not the ordinary High Court.

Court Disposition

Preliminary objection sustained; case struck out with costs.

Orders

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