christopher mtikila vs yusuf mehboob manji others 2012 tzhc 25 27 february 2012

christopher mtikila vs yusuf mehboob manji others 2012 tzhc 25 27 february 2012

The plaintiff's claim was based solely on general damages and did not plead any specific value of the subject matter for the purposes of jurisdiction and court fees, contrary to the mandatory requirements of Order VII Rule 1(f) and (i) of the Civil Procedure Code. As such, the High Court lacked pecuniary jurisdiction to entertain the suit.

Citation
christopher mtikila vs yusuf mehboob manji others 2012 tzhc 25 27 february 2012
Parties
Plaintiff: Rev Christopher Mtikila; 1st Defendant: Yusuf Mehboob Manji; 2nd Defendant: Quality Group Limited; 3rd Defendant: Editor Tanzania Daima; 4th Defendant: Publisher Tanzania Daima; 5th Defendant: Business Printers Limited; 6th Defendant: Editor of Tazama Newspaper; 7th Defendant: Tazama Newspaper Limited; 8th Defendant: Printer of Tazama Newspaper; 9th Defendant: Editor of Majira Newspaper; 10th Defendant: Business Times Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2012
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Suit struck out for want of pecuniary jurisdiction.
Legal Topics
Pecuniary Jurisdiction, Defamation, Preliminary Objection, Court Fees, Pleading Requirements
Source Language
English
Civil Procedure Pecuniary Jurisdiction Defamation Preliminary Objection Court Fees Pleading Requirements

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Parties

Rev Christopher Mtikila

Plaintiff

Yusuf Mehboob Manji

1st Defendant

Quality Group Limited

2nd Defendant

Editor Tanzania Daima

3rd Defendant

Publisher Tanzania Daima

4th Defendant

Business Printers Limited

5th Defendant

Editor of Tazama Newspaper

6th Defendant

Tazama Newspaper Limited

7th Defendant

Printer of Tazama Newspaper

8th Defendant

Editor of Majira Newspaper

9th Defendant

Business Times Limited

10th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has pecuniary jurisdiction to entertain the suit based on the plaintiff's pleadings
  2. 2 Whether a claim for general damages can confer pecuniary jurisdiction
  3. 3 Whether jurisdictional objections can be raised at any stage

Ratio Decidendi

The plaintiff's claim was based solely on general damages and did not plead any specific value of the subject matter for the purposes of jurisdiction and court fees, contrary to the mandatory requirements of Order VII Rule 1(f) and (i) of the Civil Procedure Code. As such, the High Court lacked pecuniary jurisdiction to entertain the suit.

Court Disposition

Suit struck out for want of pecuniary jurisdiction.

Orders

  • The suit is struck out.
  • No order as to costs.