reginal a mengi vs t postal bank another 2007 tzhccomd 51 26 july 2007

reginal a mengi vs t postal bank another 2007 tzhccomd 51 26 july 2007

General damages are awarded at the discretion of the court and are not to be considered in determining pecuniary jurisdiction; only the substantive claim is relevant.

Citation
reginal a mengi vs t postal bank another 2007 tzhccomd 51 26 july 2007
Parties
Plaintiff: Reginald A. Mengi; 1st Defendant: Tanzania Postal Bank; 2nd Defendant: Western Union International Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 July 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Suit struck out for want of jurisdiction
Legal Topics
Pecuniary Jurisdiction, General Damages, Preliminary Objections
Source Language
English
Civil Procedure Jurisdiction Pecuniary Jurisdiction General Damages Preliminary Objections

Case Brief

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Parties

Reginald A. Mengi

Plaintiff

Tanzania Postal Bank

1st Defendant

Western Union International Limited

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the court has pecuniary jurisdiction to try the suit
  2. 2 Whether general damages should be considered in determining pecuniary jurisdiction

Ratio Decidendi

General damages are awarded at the discretion of the court and are not to be considered in determining pecuniary jurisdiction; only the substantive claim is relevant.

Court Disposition

Suit struck out for want of jurisdiction

Orders

  • Suit is struck out with costs for want of jurisdiction