f a jessa vs jumanne ramadhani 1994 tzhc 401 12 august 1994

f a jessa vs jumanne ramadhani 1994 tzhc 401 12 august 1994

The respondent was the actual buyer as per the sale agreement, not a mere witness. The issue of full payment is to be determined in the main suit. The appellant's apprehension of disposal of the vehicle justified pre-judgment attachment. The trial court erred in refusing the application.

Citation
f a jessa vs jumanne ramadhani 1994 tzhc 401 12 august 1994
Parties
Appellant: F.A. Jessa; Respondent: Jumanne Ramadhani Dunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 August 1994
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal Against Refusal of Pre Judgment Attachment
Outcome
Appeal allowed with costs. Ruling of the trial court set aside.
Legal Topics
Pre Judgment Attachment, Sale of Goods, Breach of Contract
Source Language
English
Civil Procedure Contract Law Pre Judgment Attachment Sale of Goods Breach of Contract

Case Brief

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Parties

F.A. Jessa

Appellant

Jumanne Ramadhani Dunda

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal Against Refusal of Pre Judgment Attachment

Legal Issues

  1. 1 Whether the respondent was the buyer of the vehicle and liable for the balance of the purchase price
  2. 2 Whether the trial court erred in refusing pre-judgment attachment of the vehicle

Ratio Decidendi

The respondent was the actual buyer as per the sale agreement, not a mere witness. The issue of full payment is to be determined in the main suit. The appellant's apprehension of disposal of the vehicle justified pre-judgment attachment. The trial court erred in refusing the application.

Court Disposition

Appeal allowed with costs. Ruling of the trial court set aside.

Orders

  • The suit vehicle to be attached and kept in the appellant's custody pending determination of the main suit.
  • The lower court to proceed with hearing and determination of the suit.