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The High Court set aside the first appellate court’s judgment, holding that territorial jurisdiction had been found on facts not pleaded or proved in the trial record.
The suit was filed in a court lacking territorial jurisdiction since the cause of action and defendants' business were at Kahama, which falls under the Shinyanga Sub-Registry, not Bukoba. Therefore, the High Court at Bukoba has no jurisdiction to entertain the suit.
Source excerpt
The trial court erred by relying solely on Section 18 of the Civil Procedure Code and disregarding Section 17, which gives the plaintiff the option to sue where the defendant carries on business. The preliminary objection was improperly determined based on facts not pleaded, and the trial court further erred by dismissing the suit instead of returning the plaint for filing in the competent court. The appeal is allowed on these grounds.
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