buraq logistics limited v prime cement limited 2022 tzhccomd 53 4 march 2022

buraq logistics limited v prime cement limited 2022 tzhccomd 53 4 march 2022

The applicant failed to prove by affidavit that the respondent was about to dispose of or remove property with intent to obstruct or delay execution of a decree. The respondent has a permanent office in Tanzania and is not a foreign company for these purposes. The legal requirements for attachment before judgment were not met.

Citation
buraq logistics limited v prime cement limited 2022 tzhccomd 53 4 march 2022
Parties
Applicant: Buraq Logistics Limited; Respondent: Prime Cement Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 March 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Attachment Before Judgment
Outcome
Application dismissed with costs
Legal Topics
Attachment Before Judgment, Security for Satisfaction of Decree, Contract for Carriage of Goods
Source Language
English
Civil Procedure Commercial Law Attachment Before Judgment Security for Satisfaction of Decree Contract for Carriage of Goods

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Parties

Buraq Logistics Limited

Applicant

Prime Cement Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Attachment Before Judgment

Legal Issues

  1. 1 Whether the applicant has met the legal requirements for attachment before judgment under Order XXXVI Rule 6 of the Civil Procedure Code
  2. 2 Whether the respondent is about to dispose of or remove property to obstruct execution of a decree

Ratio Decidendi

The applicant failed to prove by affidavit that the respondent was about to dispose of or remove property with intent to obstruct or delay execution of a decree. The respondent has a permanent office in Tanzania and is not a foreign company for these purposes. The legal requirements for attachment before judgment were not met.

Court Disposition

Application dismissed with costs

Orders

  • Order of attachment of five trucks is lifted
  • Trucks to be released to the respondent