19940812 TZHC Dar es Salaam 1

19940812 TZHC Dar es Salaam 1

The respondent was the actual buyer as evidenced by the sale agreement, not merely a witness. The issue of full payment was to be determined in the main suit, not in the application. The appellant's apprehension of disposal of the vehicle justified attachment before judgment. The lower court erred in refusing the application.

Citation
19940812 TZHC Dar es Salaam 1
Parties
Appellant: F.A. Jessa; Respondent: Jumanne Ramadhani Dunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 August 1994
Procedural Posture
Miscellaneous Civil Appeal / Appeal From Interlocutory Order
Outcome
appeal allowed
Legal Topics
Attachment Before Judgment, Sale of Motor Vehicle, Breach of Contract
Source Language
English
Civil Procedure Attachment Before Judgment Sale of Motor Vehicle Breach of Contract

Case Brief

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Parties

F.A. Jessa

Appellant

Jumanne Ramadhani Dunda

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appeal From Interlocutory Order

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 attachment before judgment was justified under Order XXXVI of the Civil Procedure Code

Ratio Decidendi

The respondent was the actual buyer as evidenced by the sale agreement, not merely a witness. The issue of full payment was to be determined in the main suit, not in the application. The appellant's apprehension of disposal of the vehicle justified attachment before judgment. The lower court erred in refusing the application.

Court Disposition

appeal allowed

Orders

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