louis dreyfus commodities t ltd vs msk solution ltd 2012 tzhccomd 56 24 may 2012

louis dreyfus commodities t ltd vs msk solution ltd 2012 tzhccomd 56 24 may 2012

The court held that since the application for payment by installments was made after the decree was passed and the decree holder did not consent, the court lacked jurisdiction to grant the order sought under Order XX Rule 11(2) of the Civil Procedure Code.

Citation
louis dreyfus commodities t ltd vs msk solution ltd 2012 tzhccomd 56 24 may 2012
Parties
Applicant: Louis Dreyfus Commodities (T) Limited; Respondent: MSK Solution Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 May 2012
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Payment of Decree by Installments
Outcome
Application dismissed
Legal Topics
Enforcement of Arbitral Awards, Payment of Decrees by Installments, Jurisdiction of Court Post Decree, Force Majeure in Contract Performance
Source Language
English
Civil Procedure Arbitration Commercial Law Enforcement of Arbitral Awards Payment of Decrees by Installments Jurisdiction of Court Post Decree Force Majeure in Contract Performance

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Parties

Louis Dreyfus Commodities (T) Limited

Applicant

MSK Solution Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Payment of Decree by Installments

Legal Issues

  1. 1 Whether the court can order payment of a decree by installments after the decree has been passed without consent of the decree holder
  2. 2 Whether the applicant has shown sufficient reason for payment by installments

Ratio Decidendi

The court held that since the application for payment by installments was made after the decree was passed and the decree holder did not consent, the court lacked jurisdiction to grant the order sought under Order XX Rule 11(2) of the Civil Procedure Code.

Court Disposition

Application dismissed

Orders

  • Application to pay the award of USD 88,731.11 in two equal installments is dismissed
  • No order as to costs; each party to bear own costs