Babito Limited vs Freight Africa Nv-Belgium and 2 others. Civil Appeal No 355 of 2020.

This case provide for issue of point of law must be pure point of law, issue of time limitation, and when time limitation acrues as well as issue of jurisdiction of court.

The court had this to say:

:
” The question o f jurisdiction for any court is basic, it goes to the very root o f the authority o f the court to adjudicate upon cases o f different nature. The
question o f jurisdiction is so fundamental that courts must as a matter o f practice on the face of it be certain and assured o f their jurisdictional position at the commencement o f the trial…It is risky and unsafe for the court to
proceed with trial o f a case on the assumption that the court has jurisdiction to adjudicate upon the case.