ms morning star hotel limited vs registered trustees of the agricultural inputs trust fund others 2006 tzhc 318 9 february 2006

ms morning star hotel limited vs registered trustees of the agricultural inputs trust fund others 2006 tzhc 318 9 february 2006

Failure to state the value of the subject matter in the plaint makes it impossible for the court to determine jurisdiction and proper court fees, rendering the suit improperly before the court and mandating dismissal.

Citation
ms morning star hotel limited vs registered trustees of the agricultural inputs trust fund others 2006 tzhc 318 9 february 2006
Parties
Plaintiff/applicant: M/S Morning Star Hotel Limited; 1st Defendant/respondent: The Registered Trustees of the Agricultural Inputs Trust Fund; 2nd Defendant/respondent: ISM (Metals) Limited; 3rd Defendant/respondent: Spider Auction Mart & Court Brokers
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2006
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs.
Legal Topics
Jurisdiction, Pleadings, Dismissal for Want of Prosecution, Court Fees
Source Language
English
Civil Procedure Jurisdiction Pleadings Dismissal for Want of Prosecution Court Fees

Case Brief

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Parties

M/S Morning Star Hotel Limited

Plaintiff/applicant

The Registered Trustees of the Agricultural Inputs Trust Fund

1st Defendant/respondent

ISM (Metals) Limited

2nd Defendant/respondent

Spider Auction Mart & Court Brokers

3rd Defendant/respondent

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is maintainable without stating the value of the subject matter as required by law
  2. 2 Whether the suit is properly before the High Court under section 13 of the Civil Procedure Code, 1966
  3. 3 Whether the plaint complies with Order VII Rule 1 of the Civil Procedure Code, 1966

Ratio Decidendi

Failure to state the value of the subject matter in the plaint makes it impossible for the court to determine jurisdiction and proper court fees, rendering the suit improperly before the court and mandating dismissal.

Court Disposition

Suit dismissed with costs.

Orders

  • Suit and application dismissed as improperly before the court.
  • Costs awarded to the defendants.