5
prejudice any of the party, so the cases cited by the respondent have
different circumstances to this case at hand.
On the issue of Section 39 of the protection of data he submitted
that this Act was in force on 13 June 2023 and his plaint was filed on
11/05/2023 a month before, he added that the Act has Rules "Kanuni za
kushughulikia malalamiko ya ukiukwaji wa msingi wa ulinzi wa taarifa
binafsi, tangazo la Serikali No 349 la tarehe 12.05.2023, in Rule 5 sub
rule 1Cc)which provides:
Baada ya kumalizika kwa tathmini ya lalamiko chini ya kanuni ya
nne tano tume inaweza kukataa lalamiko iwapo suala linalolalamikiwa
lipo katika mahakama, baraza, usuluhishi au chombo chochote cha
utoaji haki.
Therefore, according to this rule the commission will not have
jurisdiction and even if it had, till to date there is no Personal Protection
Data Commission instituted. He added that the English subsidiary
legislation came into force after being gazetted on 13/06/2023 after
filing this suit. He lastly submitted that the cause of action is on tort of
negligence and not privacy disputes hence this court has jurisdiction,
and prayed to dismiss this Preliminary Objection with costs.
Page 5 of 12
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos