3
2018 at page 3 thus according to those cases and the provision
mentioned this trial court does not fit the description as it lacks
jurisdiction.
He added that on the issue of the 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, therefore the plaintiff was required to
bring this matter in this court as an appeal and not as a fresh case.
He also submitted that the plaint had two general damages only
which denies this court jurisdiction as was discussed in Mangit Singh
Sandhu & others Vs Robibi R. Robibi (supra) at page 8 and in
Mwananchi
communication
Limited VS Josha K. Kajula and
Others, civil appeal No 126/01 of 2016 page 16, 17, Richard K.N
>
Rweyongeza Vs Jitesh Jayantilah Landwa at page 12 where the
court dismissed the case as it had general damages only and not specific
damages.
On his reply Mr. Kaunda submitted that this P.O has no merit and
that the plaintiff claimed for specific damages at paragraph 3 with the
word substantial distress and at page 5 on the prayers item (a) is a
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