advertech office suppliers limited vs ms rarhia abdullah noor another 2017 tzca 282 10 november 2017

advertech office suppliers limited vs ms rarhia abdullah noor another 2017 tzca 282 10 november 2017

The application is competent due to proper citation of enabling provisions, but fails on merit as there is no evidence that the respondent is in poverty or insolvency; the respondent is a person of substance with assets and valid permits in Tanzania.

Citation
advertech office suppliers limited vs ms rarhia abdullah noor another 2017 tzca 282 10 november 2017
Parties
Applicant: Advatech Office Supplies Limited; 1st Respondent: Ms. Farhia Abdullah Noor; 2nd Respondent: Bolsto Solutions Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 November 2017
Procedural Posture
Civil Application / Ruling on Application for Deposit of Security for Costs
Outcome
application dismissed with costs
Legal Topics
Security for Costs, Foreign Litigants, Competency of Application
Source Language
English
Civil Procedure Security for Costs Foreign Litigants Competency of Application

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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

Legal Issues

  1. 1 Whether the application is competent due to 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 there is no evidence that the respondent is in poverty or insolvency; the respondent is a person of substance with assets and valid permits in Tanzania.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondents