mettelus caesar another vs safina hussein msuya others 2018 tzhclandd 119 18 may 2018
The High Court has jurisdiction as the value of the subject matter is Tshs. 200,000,000, which exceeds the pecuniary jurisdiction of the lower court. Filing in the High Court does not offend Section 13 of the Civil Procedure Code.
- Citation
- mettelus caesar another vs safina hussein msuya others 2018 tzhclandd 119 18 may 2018
- Parties
- Plaintiff: Mettelus Caesar; Plaintiff: Meterplan International Co. Ltd.; Defendant: Safina Hussein Msuya; Defendant: Stanbic Bank (T) Limited; Defendant: Adili Auction Mart Ltd.
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 May 2018
- Procedural Posture
- Land Case / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed with costs
- Legal Topics
- Pecuniary Jurisdiction, Institution of Suits, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mettelus Caesar
Plaintiff
Meterplan International Co. Ltd.
Plaintiff
Safina Hussein Msuya
Defendant
Stanbic Bank (T) Limited
Defendant
Adili Auction Mart Ltd.
Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has pecuniary jurisdiction to entertain the matter
- 2 Whether the suit offends Section 13 of the Civil Procedure Code
Ratio Decidendi
The High Court has jurisdiction as the value of the subject matter is Tshs. 200,000,000, which exceeds the pecuniary jurisdiction of the lower court. Filing in the High Court does not offend Section 13 of the Civil Procedure Code.
Court Disposition
Preliminary objection dismissed with costs
Orders
- Case to proceed on merit
Full Case Text
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