Amended Ruling Kefa Manase Kijo

Amended Ruling Kefa Manase Kijo

The applicant satisfied all statutory requirements for attachment before judgment by establishing a prima facie case, providing evidence of the respondent's intent and action to remove assets from the jurisdiction to defeat execution, specifying the property and value, and the respondent having been given an...

Source-derived case information.

Citation
Amended Ruling Kefa Manase Kijo
Parties
Applicant: Kefa Manase Kijo; Respondent: Arkadia Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 January 2024
Procedural Posture
Miscellaneous Commercial Application / Ruling on Ex Parte Application for Attachment Before Judgment
Outcome
Application granted
Legal Topics
Attachment Before Judgment, Breach of Contract, Interim Relief, Security for Satisfaction of Decree
Source Language
english
Civil Procedure Commercial Law Attachment Before Judgment Breach of Contract Interim Relief Security for Satisfaction of Decree

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Parties

Kefa Manase Kijo

Applicant

Arkadia Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has satisfied the legal requirements for attachment before judgment under the Civil Procedure Code
  2. 2 Whether the respondent is attempting to remove assets to defeat execution of a potential decree

Ratio Decidendi

The applicant satisfied all statutory requirements for attachment before judgment by establishing a prima facie case, providing evidence of the respondent's intent and action to remove assets from the jurisdiction to defeat execution, specifying the property and value, and the respondent having been given an opportunity to be heard but failing to respond. Therefore, an order for attachment before judgment is warranted.

Court Disposition

Application granted

Orders

  • Order for attachment before judgment issued in respect of CRDB Bank account number 1950920578000 in the name of Arkadia Limited to the extent of EUR 6,400,000 (approx. TZS 17,715,200,000), pending determination of the main suit.
  • Costs of the application shall be in the cause.