2
(c) General damages to be determined by this honourable court
(d) Costs of this suit be borne by the defendant
(e) Any other reliefs or order that this
nonoareote
court deems fit
and just to grant
When the respondent filed W5D, accompanied with the preliminary
objection based on the ground outlined herein above. This preliminary
objection was argued by way of oral submission whereas the plaintiff
was represented by the learned counsel Mr. Paul Kaunda on the other
hand the defendant was represented by the learned counsel Mr
Sweetbert Elgidius.
Arguing in support of his preliminary objection, Mr. Sweetbert
Elgidius submitted that this matter is incompetent for being filed in the
High court of Tanzania contrary to Section 13 of the Civil Procedure
Code [Cap 33 R.E 2019]. He argued that all prayers brought was on
>
general damage and not specific damages and according to the cited
Section above it directs that every suit must be filed at the lowest grade
competent
to
Mwamnyange,
try
it.
He cited
the
case of
Subrina
Amon
Land case No 163 of 2020 at the last page, Manjit
Singh Sandhu & others Vs Robibi R. Robibi, Civil Appeal No 121 of
2014, and the case of Shukuru M. Banzi Vs CROB, Civil case No 4 of
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