TANESCO Ltd & 2 Others, Civil Appeal No. 55 of 2014 CAT (unreported) where it was stated that: "The import of the above quoted excerpt is that where a certain law provides for a specific forum to first deal with a certain dispute/ a resort to it first is imperative before one seeks recourse to court. Where that is not observed, the attendant court's decision is rendered a nullity. " As a consequence of the above discussion, I find that the submissions against the preliminary objection maintained by the counsel for the plaintiff are, with far-reaching estimation to Mr. Mafie, disgraceful. I rebuff the same. I may also add that unlike the counsel for the defendant, I am of the opinion that the counsel for the plaintiff is recognizant of section 50 of the Act but feigned to be unfamiliar with it. That being the position held by this Court, the preliminary objection is sustained as indicated above. The Civil case No. 125 of 2023 is hereby struck out with costs. It is so ordered. DATED at KIGOMA this 15th day of March, 2024. ~' J. F. NKWABI JU D G E I / 6

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