george peter scordoulius vs everest freight ltd others 2019 tzhc 250 20 december 2019

Application struck out due to failure to specify property and its estimated value as required by Order XXXVI Rule 6(2) of the Civil Procedure Code.

Citation: george peter scordoulius vs everest freight ltd others 2019 tzhc 250 20 december 2019
Parties: Applicant: George Peter Scordoulius; Respondent: Everest Freight Limited; Respondent: Ali Said; Respondent: Ahamed Said
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 December 2019
Procedural Posture: Miscellaneous Civil Application / Ruling on Ex Parte Application for Attachment Before Judgment
Outcome: application struck out
Legal Topics: Attachment Before Judgment, Procedural Requirements, Ex Parte Hearing
Source Language: English

Civil Procedure Attachment Before Judgment Procedural Requirements Ex Parte Hearing

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Parties

George Peter Scordoulius

Applicant

Everest Freight Limited

Respondent

Ali Said

Respondent

Ahamed Said

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Ex Parte Application for Attachment Before Judgment

Legal Issues

1 Whether the applicant is entitled to an order of attachment before judgment under Order XXXVI Rule 6 of the Civil Procedure Code
2 Whether the applicant specified the property and its value as required by law

Ratio Decidendi

Application struck out due to failure to specify property and its estimated value as required by Order XXXVI Rule 6(2) of the Civil Procedure Code.

Court Disposition

application struck out

Orders

application struck out for want of legal requirement
no order as to costs