7
This court is aware that, the jurisdiction of the High Court of
Tanzania is stipulated by Article 108 (1) of the Constitution of the United
Republic, 1977 which reads that:
"Thereshall be a High Courtof the UnitedRepublic(to be referred
to in short as "the High Court; the jurisdiction of which shall be as
specifiedin this Constitutionor in any other law."
Now regarding this matter at hand, it is trite law that the specific
damages are the ones
which determines the jurisdiction and not
general damages as elaborated in numerous cases including the decision
in M/ s Tanzania - China Friendship vs Our Lady of The
Usambara Sisters (Civil Appeal 84 of 2002) [2005] TZCA 104 (19
October 2005) where the court was of the view that:
''..In our view, it is the substantive claim and not the general
damages which determines the pecuniary jurisdiction of the
court. In
the instant case, the substantive amount is Tshs.
8,136,720/=. It is this amount which determines the pecuniary
jurisdiction of the court .."
See also Tanzania Saruji Corporation v. African Marble
Company Limited [2004] T.L.R 155.
Page 7 of 12
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