said salim bakhresa co limited vs master of mv denler premier dar es salaam port another 2004 tzhccomd 1 24 september 2004

said salim bakhresa co limited vs master of mv denler premier dar es salaam port another 2004 tzhccomd 1 24 september 2004

The application was incompetent due to citation of the wrong legal provision (Order 37 instead of Order 36 of the Civil Procedure Code), and even if the correct provision had been cited, the prerequisites for attachment before judgment or injunction were not established as there was no evidence of intent to obstruct or delay execution of a decree by the Respondents.

Citation
said salim bakhresa co limited vs master of mv denler premier dar es salaam port another 2004 tzhccomd 1 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
Commercial Case / Ruling on Interlocutory Application for Injunction
Outcome
application struck out with costs
Legal Topics
Interlocutory Injunction, Attachment Before Judgment, Wrong Citation of Law, Shipping Dispute, Damages for Short Landed and Damaged Cargo
Source Language
English
Civil Procedure Commercial Law Maritime Law Interlocutory Injunction Attachment Before Judgment Wrong Citation of Law Shipping Dispute Damages for Short Landed and Damaged Cargo

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

Commercial Case / Ruling on Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the application for injunction was properly before the court given the citation of the law
  2. 2 Whether the prerequisites for attachment before judgment or injunction were met

Ratio Decidendi

The application was incompetent due to citation of the wrong legal provision (Order 37 instead of Order 36 of the Civil Procedure Code), and even if the correct provision had been cited, the prerequisites for attachment before judgment or injunction were not established as there was no evidence of intent to obstruct or delay execution of a decree by the Respondents.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.
  • The interim injunctive order against MV Denler Premier issued on 14/9/2004 is hereby raised.