He observed that Courts would not normally entertain a matter which has a
specific forum unless there is no proper remedy in the special forum referring
me to the case of Attorney General v. Lohay Akonay & Another [1995]
T.L.R. 80 among others. He reiterated the basic foundation of jurisdiction as
stated in Fanuel Mantiri Ngunda v. Herman N'unda & Others [1995]
T.L.R. 155. Mr. Kikwasi implored upon this Court to strike out the suit with
c o s ts .
The counsel for the plaintiff did not purchase the views of the counsel for
the defendant. Mr. Mafie maintained that what is before this Court is tortious
liability where the plaintiff is seeking compensation for unlawful interference
and enjoyment of her privacy. He stressed in the reply submission that, in
this suit the plaintiff is not complaining on how the data collected or
processed. The counsel for the plaintiff said, the case of Tibe Rwakatare
(administrator of the estate of the late Rwakatare) v. Juma Said
Kasola, Land Case No. 19 of 2022, HC cited by Mr. Kikwasi is
distinguishable. He finally beseeched this Court to find that the preliminary
objection is misconceived, groundless, unfounded and frivolous with no any
merits whatsoever and should be dismissed with costs.
4