20141021 TZHC Dar es Salaam2

?'r-~,; ~ - ?,--J - ,--- ·; I I \J l/ ~NTI-I~ HIGH COURT OFTANZANIA l AT DAR ES SALAAM . . CIVIL CASE NO. 154 OF 2006 1. NEVONECA CONSTRUCTION COMP ANY (T) LTD .............................................. 1ST PLAINTIFF ND · . 2. MELCHIOR BAGULE .. ........................ .. 2 PLAINTIFF VERSUS NATIONAL BANK OF COMMERCE LIMITED .......... DEFENDANT DRAWN ORDER WHEREFORE the Plaintiffs pray for the following: 1. Restoration of an amount in excess of Tshs. 65,000,000/= unlawfuHy withdrawn from the plaintiffs' account number 6553000016 without their knowledge and or their express, implied or constructive approval; 2. Compound interest at 25% per month from April, 2002 to the date o.f Decree of this Court; 3. Interest at Court rate until full payment of the amount due 4. A declaration that the plaintiffs never utilized the credit facility that was deposited in account No. 6562000121 and thus not liable to repay the amount allegedly disbursed into their account by the defendant; 5. Restoration of account No. 6553000016 for full and unhindered access by the plaintiffs; 6. Compensation of Tshs. 200,000,000/= for breach of contract and resultant losses; 7. General damages for loss of face, credibility and exposure to liability and for inability to secure credit; , ,, ,:... ,J " '11 8. Restoration of the money not less than Tshs. 200,000,000/= in the account frozen by the defendant together with compound interest of 25% per annum from April, 2002 until the date of Decree; 9. Interest at Court rate on the said amount of Tshs. 200,000,000/= u1itil full payment of the sum; 10. Punitive damages at Tshs. 200,000,000/= and costs of the suit. AND WHEREAS upon Counsel addressing this Court on a preliminary point of law on competence of the suit for; l. Propriety of the Registry of filing the suit. 2. Pecuniary Jurisdiction of the Court as specific claim is Tshs. 65,000,000/=. 3. Non- joinder of a proper party to the suit. AND WHEREAS the case is coming for Ruling on 21 st of October, 2014, before Her ladyship Justice S.E. Mugasha in the presence of Mr. Mbamba learned Counsel for the plaintiff and the plaintiff but m absence of the defendant; THIS COURT DOTH HEREBY DECREE THAT: 1. The suit is not competent for lack of p·ecuniary Jurisdiction, improper /. filing and for non joinder of a proper party to the suit. 2. It is hereby struck out. 3. No order as to costs. · BY THE COURT st l ,,,_, Dated this 21 t:JY11 day of October_, 2014,' _ z940V(J/ S.E.MUGA,SH0 JUDGE