19960523 TZHC Dar es Salaam

19960523 TZHC Dar es Salaam

The applicants have established that the property (salt) is in danger of being damaged and that the second respondents, though agents, are properly joined as parties. There is no uncertainty in recovering stevedore charges from the responsible party, so security is not required. The application for release of the salt is well founded.

Citation
19960523 TZHC Dar es Salaam
Parties
Plaintiff: Burundi Export SPRL; Defendant: Nasco Ltd; Defendant: Robmarine P & I Services Ltd; Defendant: Charter House Shipping Pte Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 1996
Procedural Posture
Civil Application / Interlocutory Application for Interim Order
Outcome
Application allowed
Legal Topics
Interim Relief, Agency, Stevedore Charges, Release of Goods
Source Language
English
Civil Procedure Commercial Law Interim Relief Agency Stevedore Charges Release of Goods

Case Brief

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Parties

Burundi Export SPRL

Plaintiff

Nasco Ltd

Defendant

Robmarine P & I Services Ltd

Defendant

Charter House Shipping Pte Ltd

Defendant

Procedural Posture

Civil Application / Interlocutory Application for Interim Order

Legal Issues

  1. 1 Whether the applicants are entitled to an interim order for release of the consignment of salt pending determination of the main suit
  2. 2 Whether the second respondents (agents) are properly joined as parties
  3. 3 Whether security for stevedore charges should be ordered

Ratio Decidendi

The applicants have established that the property (salt) is in danger of being damaged and that the second respondents, though agents, are properly joined as parties. There is no uncertainty in recovering stevedore charges from the responsible party, so security is not required. The application for release of the salt is well founded.

Court Disposition

Application allowed

Orders

  • The consignment of salt held by the first respondents (Nasco Ltd) is to be released to the applicants immediately.
  • Costs of the application to follow the event.