abdul aziz lalani others vs sadru mangalji 2016 tzhccomd 2066 18 february 2016

abdul aziz lalani others vs sadru mangalji 2016 tzhccomd 2066 18 february 2016

Shares in a company do not amount to immovable property under Order XXV rule 1(1) of the Civil Procedure Code, and since the respondent is not a resident of Tanzania and does not possess immovable property in Tanzania, the applicants are entitled to an order for security for costs.

Source-derived case information.

Citation
abdul aziz lalani others vs sadru mangalji 2016 tzhccomd 2066 18 february 2016
Parties
Applicant: Abdul Aziz Lalani; Applicant: Amin Ramji; Applicant: Mehboob Ramji; Respondent: Sadru Mangalji
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Security for Costs
Outcome
Application allowed in part
Legal Topics
Security for Costs, Immovable Property, Discretion of Court
Source Language
english
Civil Procedure Commercial Law Security for Costs Immovable Property Discretion of Court

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Parties

Abdul Aziz Lalani

Applicant

Amin Ramji

Applicant

Mehboob Ramji

Applicant

Sadru Mangalji

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Security for Costs

Legal Issues

  1. 1 Whether the respondent should be ordered to provide security for costs under Order XXV rule 1(1) of the Civil Procedure Code
  2. 2 Whether shares in a company constitute immovable property for the purposes of security for costs

Ratio Decidendi

Shares in a company do not amount to immovable property under Order XXV rule 1(1) of the Civil Procedure Code, and since the respondent is not a resident of Tanzania and does not possess immovable property in Tanzania, the applicants are entitled to an order for security for costs.

Court Disposition

Application allowed in part

Orders

  • Respondent to deposit Tshs. 15,000,000 as security for costs within 21 days from the date of the ruling.
  • Costs in this application shall be costs in the cause.