mikoani traders ltd vs engineering distributors ltd 2007 tzhccomd 46 26 november 2007

mikoani traders ltd vs engineering distributors ltd 2007 tzhccomd 46 26 november 2007

Claims that cannot be ascertained at the pleading stage, such as loss of profits, are general damages and cannot be used to meet the pecuniary jurisdiction threshold. The remaining ascertained claims fall below the Court's jurisdiction.

Citation
mikoani traders ltd vs engineering distributors ltd 2007 tzhccomd 46 26 november 2007
Parties
Plaintiff: Mikoani Traders Limited; Defendant: Engineering & Distributors Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 November 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objection Regarding Pecuniary Jurisdiction
Outcome
Suit struck out for want of pecuniary jurisdiction.
Legal Topics
Pecuniary Jurisdiction, General Damages, Special Damages, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Pecuniary Jurisdiction General Damages Special Damages Preliminary Objection

Case Brief

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Parties

Mikoani Traders Limited

Plaintiff

Engineering & Distributors Ltd

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection Regarding Pecuniary Jurisdiction

Legal Issues

  1. 1 Whether the Court has pecuniary jurisdiction to entertain the suit based on the claims pleaded

Ratio Decidendi

Claims that cannot be ascertained at the pleading stage, such as loss of profits, are general damages and cannot be used to meet the pecuniary jurisdiction threshold. The remaining ascertained claims fall below the Court's jurisdiction.

Court Disposition

Suit struck out for want of pecuniary jurisdiction.

Orders

  • Suit struck out.
  • No order as to costs.