20141008 TZHC Arusha

20141008 TZHC Arusha

The plaintiffs failed to plead the value of the subject matter in a specific currency and amount, rendering the plaint ambiguous and preventing the Court from determining its pecuniary jurisdiction. As a result, the suit is incompetent and must be struck out.

Citation
20141008 TZHC Arusha
Parties
Plaintiff: Kaavai Murero; Plaintiff: Kipamba Njoriba; Plaintiff: Samwel Laibanguti; Plaintiff: Malipe Naing'ode; Defendant: Sinyati Sandi; Defendant: Joseph Lekele; Defendant: Ndimama Olonjokie; Defendant: Terengo Sandi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 October 2014
Procedural Posture
Civil / Ruling on Pecuniary Jurisdiction
Outcome
suit struck out
Legal Topics
Pecuniary Jurisdiction, Malicious Prosecution, Pleading Requirements
Source Language
English
Civil Procedure Pecuniary Jurisdiction Malicious Prosecution Pleading Requirements

Case Brief

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Parties

Kaavai Murero

Plaintiff

Kipamba Njoriba

Plaintiff

Samwel Laibanguti

Plaintiff

Malipe Naing'ode

Plaintiff

Sinyati Sandi

Defendant

Joseph Lekele

Defendant

Ndimama Olonjokie

Defendant

Terengo Sandi

Defendant

Procedural Posture

Civil / Ruling on Pecuniary Jurisdiction

Legal Issues

  1. 1 Whether the High Court has pecuniary jurisdiction to entertain the suit based on the pleadings
  2. 2 Whether the plaintiffs have properly pleaded specific damages and currency

Ratio Decidendi

The plaintiffs failed to plead the value of the subject matter in a specific currency and amount, rendering the plaint ambiguous and preventing the Court from determining its pecuniary jurisdiction. As a result, the suit is incompetent and must be struck out.

Court Disposition

suit struck out

Orders

  • Suit struck out for want of pecuniary jurisdiction.
  • No order as to costs.