hadija bakari jumanne vs iscon commodities t ltd another 2023 tzhc 20531 24 august 2023

The application is withdrawn as it was premature, lacking the required lower court order for property attachment; withdrawal is permitted before judgment.

Citation: hadija bakari jumanne vs iscon commodities t ltd another 2023 tzhc 20531 24 august 2023
Parties: Applicant: Hadija Bakari Jumaimne; Respondent: Iscon Commodities (T) Ltd; Respondent: Abdul Ahmad Lila
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 August 2023
Procedural Posture: Miscellaneous Civil Application / Withdrawal Before Judgment
Outcome: application withdrawn
Legal Topics: Withdrawal of Application, Premature Filing, Attachment of Property
Source Language: English

Civil Procedure Withdrawal of Application Premature Filing Attachment of Property

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Parties

Hadija Bakari Jumaimne

Applicant

Iscon Commodities (T) Ltd

Respondent

Abdul Ahmad Lila

Respondent

Procedural Posture

Miscellaneous Civil Application / Withdrawal Before Judgment

Legal Issues

1 Whether the application for attachment was premature due to absence of lower court order
2 Whether withdrawal of the application is permissible before judgment

Ratio Decidendi

The application is withdrawn as it was premature, lacking the required lower court order for property attachment; withdrawal is permitted before judgment.

Court Disposition

application withdrawn

Orders

Misc. Civil Application No. 8 of 2023 is withdrawn as premature
Liberty granted to refile if lower court order is obtained