Nyirenda v. National Union of Tanganyika Workers and other, Civ. Case 22-M-68, 19/3/69, Seaton J.

 

Nyirenda v. National Union of Tanganyika Workers and other, Civ. Case 22-M-68, 19/3/69, Seaton J.  

The plaintiff instituted this suit claiming damages for libel against the three defendants by filing a plaint in the District Registry at Mwanza. Para 8 of the plaint averred. “The cause of action arose at Morogoro in the jurisdiction of this Honourable Court”. The defendants’ advocates filed an application that the suit be dismissed on the ground that as Para 8 of the plaint averred that the cause of action arose at Morogoro, it was the High Court at Dar es Salaam, not the High Court at Mwanza, which had jurisdiction over the suit. The application raised the question of local or territorial jurisdiction.

            Held: (1) That there is one High Court for the whole of mainland Tanzania but that, for administrative purpose it is served by various facilities or centers called “Registries” at Dar es salaam, Tanga, Arusha and Mwanza …… the High Court has territorial jurisdiction over the whole of the mainland and for purposes of filing a plaint, it is irrelevant where the cause of action rose.” (2) Application to dismiss the suit refused.