konda kibirwa vs security group 2013 tzhc 2130 11 march 2013

A fresh suit cannot be filed after dismissal for failure to furnish security for costs under Order XXV Rule 2(1); the plaintiff must apply to set aside the dismissal.

Citation: konda kibirwa vs security group 2013 tzhc 2130 11 march 2013
Parties: Plaintiff: Konda Kibirwa; Defendant: Security Group
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 March 2013
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: suit struck out with costs
Legal Topics: Dismissal of Suit, Security for Costs, Fresh Suit After Dismissal, Preliminary Objection
Source Language: English

Civil Procedure Dismissal of Suit Security for Costs Fresh Suit After Dismissal Preliminary Objection

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Parties

Konda Kibirwa

Plaintiff

Security Group

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether a fresh suit can be filed after dismissal for failure to furnish security for costs under Order XXV Rule 2(1) of the Civil Procedure Code, 1966

Ratio Decidendi

A fresh suit cannot be filed after dismissal for failure to furnish security for costs under Order XXV Rule 2(1); the plaintiff must apply to set aside the dismissal.

Court Disposition

suit struck out with costs

Orders

Suit struck out with costs