Multchoice(T) Limited vs Alphonse Felix Simbu, Commercial case no 1 of 2023.

This case among other things provides for Jurisdiction of surbodinate courts to Award General damages.

The question is whether the 

trial court acted beyond its pecuniary jurisdiction when it awarded the respondents general damages to the tune of TZS 450 million. The issue of 

jurisdiction is found on grounds 1 and 11 of the appeal. Regarding this ground of appeal which is technically a preliminary objection (PO), the respondents protested the PO and submitted that it was an afterthought. 

But it is trite law that the PO being a point of law can be raised at any stage even on appeal.

 Nevertheless, the submission by the appellant’s counsel was clear that the appellant did not dispute the jurisdiction of the court. However, in the course of his submission Mr Kagirwa technically raised the PO when he contested the award of general damages that exceeded the pecuniary jurisdiction of the District Court.

 This issue will be expounded in due course.Therefore, depending on the facts of the case and evidence, the district court can award any amount of money as general damages regardless of its pecuniary jurisdiction. It is also trite law that general damages cannot be used to determine the jurisdiction of the court.