11 shall not uphold the first ground of appeal. In our view, doing otherwise will serve no useful purpose other than historical" Consequently, since the filing of this case in this court instead of the District court does not occasion miscarriage of justice and because there is no direct law that ouster the jurisdiction of the High Court, and since the general jurisdiction of the High Court is conferred by the Constitution of the Republic as explained herein above in line with Section 7 of the CPC(supra) except to the matters for which jurisdiction is expressly ousted, this court has jurisdiction to try this matter and this point of Preliminary Objection is overruled. The defendant also submitted that, matters on the infringement of violation of personal data are required to be filed in the commission according to section 39(1) of the Personal Data Protection Act, 2022, which provides that any person who considers that a data controller or data processor has infringed personal data protection principle may file a complaint to the commission and not to this court. On this point I will again, agree with the counsel for the plaintiff that the cause of action in this case is tort of negligence as witnessed by the plaint at paragraph 3 I quote: Page 11 of 12