20121128 TZHC Dar es Salaam

20121128 TZHC Dar es Salaam

The court held that although the plaint does not state the value of the subject matter, it contains sufficient facts to show jurisdiction. The claim for general damages cannot determine pecuniary jurisdiction, but the court has jurisdiction over defamation suits. The plaint is not deficient as it discloses facts showing jurisdiction.

Citation
20121128 TZHC Dar es Salaam
Parties
Plaintiff: Tarimba Abbas; 1st Defendant: The Guardian Limited; 2nd Defendant: Editor, Taifa Letu Newspaper
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2012
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Jurisdiction, Defamation, Pleadings
Source Language
English
Civil Procedure Jurisdiction Defamation Pleadings

Case Brief

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Parties

Tarimba Abbas

Plaintiff

The Guardian Limited

1st Defendant

Editor, Taifa Letu Newspaper

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the suit
  2. 2 Whether the plaint is deficient for non-disclosure of facts showing jurisdiction and estimate value

Ratio Decidendi

The court held that although the plaint does not state the value of the subject matter, it contains sufficient facts to show jurisdiction. The claim for general damages cannot determine pecuniary jurisdiction, but the court has jurisdiction over defamation suits. The plaint is not deficient as it discloses facts showing jurisdiction.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Defendants' preliminary objection dismissed
  • Costs awarded to plaintiff