said salim bhakhresa co ltd vs master of mv denler premier dsm port another 2004 tzhccomd 68 24 september 2004

said salim bhakhresa co ltd vs master of mv denler premier dsm port another 2004 tzhccomd 68 24 september 2004

The application is incompetent due to citation of the wrong legal provision (Order 37 instead of Order 36 CPC), and even if the correct provision had been cited, the applicant failed to establish the necessary conditions for attachment before judgment as there was no evidence of intent to obstruct or delay execution of a decree by the respondents.

Citation
said salim bhakhresa co ltd vs master of mv denler premier dsm port another 2004 tzhccomd 68 24 september 2004
Parties
Plaintiff/applicant: Said Salim Bakhresa & Co. Limited; Defendant/respondent: Master of MV Denler Premier, Dar es Salaam Port; Defendant/respondent: Denler Trade Limited, London
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 September 2004
Procedural Posture
Chamber Summons (interim Injunction) in Commercial Suit / Ruling on Application for Interim Injunction
Outcome
Application struck out as incompetent with costs.
Legal Topics
Interim Injunctions, Attachment Before Judgment, Wrong Citation of Law, Carriage of Goods by Sea, Damages for Cargo Loss
Source Language
English
Civil Procedure Commercial Law Maritime Law Interim Injunctions Attachment Before Judgment Wrong Citation of Law Carriage of Goods by Sea Damages for Cargo Loss

Case Brief

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Parties

Said Salim Bakhresa & Co. Limited

Plaintiff/applicant

Master of MV Denler Premier, Dar es Salaam Port

Defendant/respondent

Denler Trade Limited, London

Defendant/respondent

Procedural Posture

Chamber Summons (interim Injunction) in Commercial Suit / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the application for interim injunction is competent given the cited legal provisions
  2. 2 Whether the applicant established grounds for attachment before judgment or interim injunction
  3. 3 Whether the vessel MV Denler Premier should be restrained from sailing pending suit

Ratio Decidendi

The application is incompetent due to citation of the wrong legal provision (Order 37 instead of Order 36 CPC), and even if the correct provision had been cited, the applicant failed to establish the necessary conditions for attachment before judgment as there was no evidence of intent to obstruct or delay execution of a decree by the respondents.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • Application struck out with costs.
  • Interim injunctive order against MV Denler Premier issued on 14/9/2004 is vacated.