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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:
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