lucas pius mallya tradiing as baraka store vs enos kmatongo another 2018 tzhccomd 59 30 may 2018

The Commercial Division of the High Court lacks jurisdiction to hear commercial claims below Tshs 70,000,000.00 as expressly barred by Rule 5(2) of the High Court (Commercial Division) Procedure Rules, 2012.

Source-derived case information.

Citation: lucas pius mallya tradiing as baraka store vs enos kmatongo another 2018 tzhccomd 59 30 may 2018
Parties: Plaintiff: Lucas Pius Mallya trading as Baraka Store; 1st Defendant: Enos K. Matongo; 2nd Defendant: Vincent Mungo
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 30 May 2018
Procedural Posture: Commercial Case / Jurisdictional Ruling
Outcome: Case struck out for want of jurisdiction.
Legal Topics: Pecuniary Jurisdiction, Jurisdiction of Commercial Division, Interpretation of Subsidiary Legislation
Source Language: english

Civil Procedure Commercial Law Pecuniary Jurisdiction Jurisdiction of Commercial Division Interpretation of Subsidiary Legislation

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Parties

Lucas Pius Mallya trading as Baraka Store

Plaintiff

Enos K. Matongo

1st Defendant

Vincent Mungo

2nd Defendant

Procedural Posture

Commercial Case / Jurisdictional Ruling

Legal Issues

1 Whether the Commercial Division of the High Court has jurisdiction to hear a commercial claim below Tshs 70,000,000.00

Ratio Decidendi

Court Disposition

Case struck out for want of jurisdiction.

Orders

Commercial Case No. 133 struck out from the registry of the Commercial Division.
No order as to costs.

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