19780929 TZHC Mbeya
The Primary Court lacked jurisdiction because the debt sought to be recovered exceeded the statutory ceiling for civil debts recoverable in a Primary Court, rendering the proceedings a nullity.
- Citation
- 19780929 TZHC Mbeya
- Parties
- Appellant: Samuf Sikllangwe; Respondent: Anoni Kitabila
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 1978
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Jurisdiction, Debt Recovery, Primary Court Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Samuf Sikllangwe
Appellant
Anoni Kitabila
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Primary Court had jurisdiction to entertain a suit where the debt exceeded the statutory ceiling
Ratio Decidendi
The Primary Court lacked jurisdiction because the debt sought to be recovered exceeded the statutory ceiling for civil debts recoverable in a Primary Court, rendering the proceedings a nullity.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
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