20121127 TZHC Dar es Salaam

1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM ' CIVIL CASE NO. 38 OF 2006 PILI JUMA . . . . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF Versus TANZANIA ELECTRIC SUPPLY , , CO. LTD (TANESCO) .. _. _._.-~-· -•-·-•-•--•--•-•-•-•--D-EF-EN-DA-N~---- ------------------------- . . - Date of last order- 4/10/2012 Date of Ruling -27/ 11/2012 RULING Shangwa, J. · On 27 th February, 2012, counsel for the defendant TANZANIA ELECTRIC SUPPLY COMPANY LTD filed a Notice of Preliminary Objection on one ground that this court has no jurisdiction to entertain the suit and prayed the court to strike it out with costs. 2 Learned counsel for the defendant gave one reason for l saying that this court has no jurisdiction to entertain the suit. He said that as the dispute involves matters of supply of electricity, the dispute has to be referred to EWURA which has powers to deal with such disputes under S. 5 read together with Sections 34 and ~5 _.o~_t!ie_ ~n~rgy _~d_ Water Utilities Regulatory Authority Act, Cap. 414 R.E. 2002. On the other side, counsel for the plaintiff submitted that this court has jurisdiction to entertain the suit because the dispute does not involve the supply of electricity but that it involves a claim of Tshs.150,000,000/= for loss of the plaintiff's premises known as SM/MTMCH/KMK/61 located at Mchangani Street, Mwananyamala, Dar es Salaam and for loss of his I households which were destroyed by fire on the 16 th day of March, 2003 at about 11.30 p.m. It is alleged that the fire 3 started from the electric Meter i.e. Luku A/C No. SL 296835 which had negligently been installed. In my opinion, I agree with counsel for the Plaintiff that this court has jurisdiction to entertain the suit because the suit does not involve the supply of electricity ' I. . _______but it_ involves- a-claim- of -m0ney-by-the-plaintiff-for-1oss -or- ---- - her premises and households due to fire alleged to have started from the electric meter, the property of the defendant. However, as correctly submitted by counsel for the defendant, although 1n my op1n1on this court has jurisdiction to entertain the suit, under S. 13 of the Civil Procedure Code Cap. 33 R.E. 2002, 'the plaintiff ought to have filed it in the court of the lowest grade competent to try it. Such court is either the Court of the Resident Magistrate or the District Court which have the competency to try a suit like this one involving a claim of 4 money not exceeding 150,000,000/'. . See The Written Laws (Miscellaneous Amendments (No. 3) Act, 2002. For this reason, I hereby strike it out but I order that each party should bear its own costs. -- ---------··- - :i,, ~-;,\, ' ql\,\',-. "'·}' 'Y . '• ,, .Shangwa _ • '<-~ · JUDGE 1 0 'ls,-,~,cr ~t6 ' ~ -----~- 27/11/2012 Delivered in court this 27 th day of November, 2012 in the presence of the Applicant and counsel for the defendant. ~~ A.Shangwa JUDGE 27/11/2012