4 specific damage. He argued that the High court is a substantial claim which determine the jurisdiction of the court, he referred this court to the case of Tanzania China Friendship Textile Co Ltd Vs Our Lady of Usambara Sisters, 2000 TLR at page 70, Saruji Coopeation Vs African Mamble Ltd, 2004 TLR at page 159 it was held we wish to adopt the statement in Marc Grego edition Page II 1758 A, that when the precise amount of a particular item has become clear before the trial either because it already occurred and so become crystallised or because it can be measured with complete accuracy, these exactly loss must be pleaded as special damages" He submitted that in their plaint the amount was clear and crystal that is the tune of 10 billion for distress and loss of privacy. On the issue of Section 13 of the CPC he submitted that this provision should not be construed to oust the jurisdiction of the High Court and even if all damages were general damages does this court lacks jurisdiction? The same was answered in Benitho Thadei Chengula Vs Abdulahi Mohamed Ismail (administrator of the estate of the late Mariam A. Abdulahi Mohamed Ismail) at page 8, 9 and 11 as it was held that the error of instituting the case in High court instead of District court did not occasion a miscarriage of justice as it does not Page 4 of 12