N
IN THE HIGH COURT OF.TANZANIA AT DAR.ES SALAAM ~ VERSUS 1. TANZANIA REVENUE AUTHORITY 2. THE NATIONAL SI-lIPPING CORP 3. THE TANZANIA HOUBOURS. AUTHORITY 4. M/S ARMS TRON CLEARING AND FORWARDING AGENCY •• • RESPONDENT RUUNG Kaji, J. Thfa is an application by the applicant RIZWANI KASSAMALI for ·an order that the...
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- Citation
- N
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 November 1996
- Source Language
- en
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IN THE HIGH COURT OF.TANZANIA AT DAR.ES SALAAM ~ VERSUS 1. TANZANIA REVENUE AUTHORITY 2. THE NATIONAL SI-lIPPING CORP 3. THE TANZANIA HOUBOURS. AUTHORITY 4. M/S ARMS TRON CLEARING AND FORWARDING AGENCY •• • RESPONDENT RUUNG Kaji, J. Thfa is an application by the applicant RIZWANI KASSAMALI for ·an order that the p:ropertiesthe subject matter in the main su;it should be delivered to him for safe custody pending determination of the main suit. It has been.made under Order XXVII rr 2 and 3 of the Civil Procedure Code, 1966, and any other enabling.~pr:o.v:~s of law. It was drawn, filed and argued by M.R.Mo Lamwai . & Co (Advocates) .,. ~ ... ~~,c"!,;tt'!. ....... ,'l.,i.,.,,f#,.t'>'~ ... ;. -~...- .. On 13th November, 1996, the applicant/plaintiff instituted Civil Case No. 326 of 1996 ?J.leging that in 1995. properties comprising of used '. '. household'and personal effects and one Mercedes B~ Re~et~tion No. CGF 888x,~Ch~is n'o. NDB 12309322009989, were stuffed into Container No KNLU 3d!,931 :.,·9 and co~igued to hi~ from Great Britain as per Bill of Lading 1.nnexture P .1. That eentait'ler with its eont'enfs-·arrived at D. 1 Salaam harbour in or about. I?ooerpbef, 1995. That container with its contei,ts were d.elivered t'o the 3rd respondeu:t; TANZ!\NIA ILI\R:OOURS !,UTHOHITY (hereinafter to .be referred to as THA) to be handled by ·the 2nd respondent THE NATIONAL SHlPPIN<f AGENCIES· COMPANY. (hereinafter to be referred to as N.'\.'3ACO).• He averred.that he completed all clearing formalties and was allowed by '·. the 1st respondent· TAN7..,ANIA REVENUE 'AUTHORITY (hereinafter· to be referred to .af? TRA) , to: remove the said goods. from- .the ·post as per Annexture P .2 • q . .