dora sadick meta another vs rosemary alphonce assenga 2022 tzhc 12955 16 september 2022

dora sadick meta another vs rosemary alphonce assenga 2022 tzhc 12955 16 september 2022

The trial court lacked pecuniary jurisdiction to entertain the commercial case as the amount claimed exceeded the statutory limit at the time of filing; thus, the proceedings, judgment, and orders of the trial court are quashed and set aside.

Citation
dora sadick meta another vs rosemary alphonce assenga 2022 tzhc 12955 16 september 2022
Parties
1st Appellant: Dora Sadick Meta; 2nd Appellant: John Marciano Peter Mchau; Respondent: Rosemary Alphonse Assenga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Pecuniary Jurisdiction, Breach of Contract, Jurisdiction of Magistrates Courts
Source Language
English
Civil Procedure Commercial Law Pecuniary Jurisdiction Breach of Contract Jurisdiction of Magistrates Courts

Case Brief

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Parties

Dora Sadick Meta

1st Appellant

John Marciano Peter Mchau

2nd Appellant

Rosemary Alphonse Assenga

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court had pecuniary jurisdiction to entertain the commercial case involving Tshs. 84,000,000/-
  2. 2 Whether the award of damages was proper without proof of suffering/injury
  3. 3 Whether the trial court erred in awarding profit without proof of profit realized

Ratio Decidendi

The trial court lacked pecuniary jurisdiction to entertain the commercial case as the amount claimed exceeded the statutory limit at the time of filing; thus, the proceedings, judgment, and orders of the trial court are quashed and set aside.

Court Disposition

Appeal allowed

Orders

  • Proceedings of the Resident Magistrates Court in Civil Case No. 104 of 2019 quashed
  • Judgment and orders of the trial court set aside