20171107 TZCA Dar es Salaam

20171107 TZCA Dar es Salaam

The application is competent due to proper citation of enabling provisions, but fails on merit as the 1st respondent is a person of substance with assets and valid permits in Tanzania, and there is no evidence of poverty or insolvency to justify an order for security for costs.

Citation
20171107 TZCA Dar es Salaam
Parties
Applicant: Advatech Office Supplies Limited; 1st Respondent: Ms. Farhia Abdullah Noor; 2nd Respondent: Bolsto Solutions Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 November 2017
Procedural Posture
Civil Application / Ruling on Application for Deposit of Security for Costs Pending Appeal
Outcome
Application dismissed with costs
Legal Topics
Security for Costs, Jurisdiction, Foreign Parties, Affidavit Evidence
Source Language
English
Civil Procedure Security for Costs Jurisdiction Foreign Parties Affidavit Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Advatech Office Supplies Limited

Applicant

Ms. Farhia Abdullah Noor

1st Respondent

Bolsto Solutions Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Deposit of Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether the application is competent given the citation of enabling provisions
  2. 2 Whether the respondent should be ordered to deposit security for costs due to being a foreign national

Ratio Decidendi

The application is competent due to proper citation of enabling provisions, but fails on merit as the 1st respondent is a person of substance with assets and valid permits in Tanzania, and there is no evidence of poverty or insolvency to justify an order for security for costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety with costs