NA TZHC Simon21

NA TZHC Simon21

The High Court has jurisdiction as there is no substantive claim below its pecuniary jurisdiction; the written statement of defence by the 1st, 2nd, and 3rd defendants was filed out of time and is therefore incompetent.

Citation
NA TZHC Simon21
Parties
Plaintiff: Manyerere Jackton; 3rd Defendant: New Habari (2006) Ltd; 4th Defendant: Imprint Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1972
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objection by 4th defendant dismissed; preliminary objection by plaintiff upheld.
Legal Topics
Jurisdiction, Pecuniary Jurisdiction, Timeliness of Pleadings, Professional Ethics
Source Language
English
Civil Procedure Defamation Jurisdiction Pecuniary Jurisdiction Timeliness of Pleadings Professional Ethics

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Manyerere Jackton

Plaintiff

New Habari (2006) Ltd

3rd Defendant

Imprint Limited

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the suit based on the claims made
  2. 2 Whether the written statement of defence by the 1st, 2nd, and 3rd defendants was filed out of time

Ratio Decidendi

The High Court has jurisdiction as there is no substantive claim below its pecuniary jurisdiction; the written statement of defence by the 1st, 2nd, and 3rd defendants was filed out of time and is therefore incompetent.

Court Disposition

Preliminary objection by 4th defendant dismissed; preliminary objection by plaintiff upheld.

Orders

  • Written statement of defence by 1st, 2nd, and 3rd defendants expunged as filed out of time
  • Costs shall abide the outcome of the suit