19931021 TZHC Dar es Salaam

19931021 TZHC Dar es Salaam

Given the rice is perishable, its continued storage risks natural decay and loss of value. The court has discretionary power under Order 37 Rule 6 to order its sale to preserve its value, with proceeds to be deposited pending resolution of ownership in the main suit. This balances the interests of both parties and prevents irreparable harm.

Citation
19931021 TZHC Dar es Salaam
Parties
Applicant's Advocate: Mr. M. Masilile, Advocate; Respondents' Advocate: Mr. Said Salum, Advocate
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 1993
Procedural Posture
Chamber Application Under Order 37 Rule 6 and Section 95 of the Civil Procedure Code / Interlocutory Application for Interim Relief Pending Trial
Outcome
Application allowed
Legal Topics
Interlocutory Orders, Sale of Perishable Goods, Preservation of Subject Matter, Discretionary Relief
Source Language
English
Civil Procedure Property Law Interlocutory Orders Sale of Perishable Goods Preservation of Subject Matter Discretionary Relief

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Parties

Mr. M. Masilile, Advocate

Applicant's Advocate

Mr. Said Salum, Advocate

Respondents' Advocate

Procedural Posture

Chamber Application Under Order 37 Rule 6 and Section 95 of the Civil Procedure Code / Interlocutory Application for Interim Relief Pending Trial

Legal Issues

  1. 1 Whether the court should order the immediate sale of 3,952.95 metric tonnes of long grain white rice pending determination of ownership in the main suit
  2. 2 Whether interlocutory relief is warranted to prevent spoilage and preserve the value of the rice

Ratio Decidendi

Given the rice is perishable, its continued storage risks natural decay and loss of value. The court has discretionary power under Order 37 Rule 6 to order its sale to preserve its value, with proceeds to be deposited pending resolution of ownership in the main suit. This balances the interests of both parties and prevents irreparable harm.

Court Disposition

Application allowed

Orders

  • 3,952.95 metric tonnes of long grain white rice to be sold by a court broker by public auction.
  • Proceeds of the sale, after deduction of court fees and broker charges, to be deposited in the applicants' bank account at the Samora Avenue Branch of the National Bank of Commerce.