20070228 TZHC Dar es Salaam

20070228 TZHC Dar es Salaam

The Defendant, as a specified international organization under the Diplomatic and Consular Immunities and Privileges Act 1986, enjoys immunity from suit and legal process in Tanzania. The acts in question were acts jure imperii, not commercial acts, and the contract expressly preserved immunity. Therefore, the High Court lacks jurisdiction to entertain the suit.

Citation
20070228 TZHC Dar es Salaam
Parties
Plaintiff: SWIFT TRADERS (EA) LTD; Defendant: UNITED NATIONS WORLD FOOD PROGRAMME
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2007
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit struck out for want of jurisdiction due to diplomatic immunity.
Legal Topics
Diplomatic Immunity, Jurisdiction, Preliminary Objection, State Immunity, Contractual Arbitration Clauses
Source Language
English
International Law Civil Procedure Commercial Law Diplomatic Immunity Jurisdiction Preliminary Objection State Immunity Contractual Arbitration Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

SWIFT TRADERS (EA) LTD

Plaintiff

UNITED NATIONS WORLD FOOD PROGRAMME

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an amicus curiae can raise a preliminary objection
  2. 2 Whether the High Court has jurisdiction over the Defendant given claims of diplomatic immunity
  3. 3 Whether the Defendant is immune from legal process under Tanzanian law

Ratio Decidendi

The Defendant, as a specified international organization under the Diplomatic and Consular Immunities and Privileges Act 1986, enjoys immunity from suit and legal process in Tanzania. The acts in question were acts jure imperii, not commercial acts, and the contract expressly preserved immunity. Therefore, the High Court lacks jurisdiction to entertain the suit.

Court Disposition

Suit struck out for want of jurisdiction due to diplomatic immunity.

Orders

  • Suit struck out
  • No order as to costs