20070830 TZHC Dar es Salaam

20070830 TZHC Dar es Salaam

Sufficient cause was shown by the applicants, as the involvement of counsel for the defendant was not addressed in the counter affidavit, justifying an order for the defendant to appear and show cause why security should not be furnished.

Citation
20070830 TZHC Dar es Salaam
Parties
Plaintiff/applicant: Jeremy Woods; Plaintiff/applicant: Cameron Woods; Defendant/respondent: Robert Choudury; Defendant/respondent: Cullinan Cut & Polish Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2007
Procedural Posture
Commercial Case / Interlocutory Application for Attachment Before Judgment
Outcome
Order for defendant to appear and show cause why security should not be furnished within two weeks.
Legal Topics
Attachment Before Judgment, Security for Satisfaction of Decree
Source Language
English
Civil Procedure Commercial Law Attachment Before Judgment Security for Satisfaction of Decree

Case Brief

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Parties

Jeremy Woods

Plaintiff/applicant

Cameron Woods

Plaintiff/applicant

Robert Choudury

Defendant/respondent

Cullinan Cut & Polish Ltd

Defendant/respondent

Procedural Posture

Commercial Case / Interlocutory Application for Attachment Before Judgment

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for an order of attachment before judgment against the defendants' factory and equipment
  2. 2 Whether the defendants are about to dispose of or remove property with intent to obstruct or delay execution of any decree

Ratio Decidendi

Sufficient cause was shown by the applicants, as the involvement of counsel for the defendant was not addressed in the counter affidavit, justifying an order for the defendant to appear and show cause why security should not be furnished.

Court Disposition

Order for defendant to appear and show cause why security should not be furnished within two weeks.

Orders

  • Defendant/Applicant to appear in court to show cause why he should not furnish security within two weeks from the date of the order (August 21, 2007).
  • Mr. Hyera to be notified.