19980313 TZHC Dar es Salaam

19980313 TZHC Dar es Salaam

The order for attachment before judgment was unjustified due to lack of notice to the appellant and insufficient, hearsay-based evidence of intent to obstruct execution. The subsequent order requiring deposit of security was also unjustified, serving no legitimate purpose and amounting to oppression.

Citation
19980313 TZHC Dar es Salaam
Parties
Appellant: MHS Couli'tha Kapingu; Respondent: Mrs. Mwanahamisi Kiangi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 1998
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Attachment Before Judgment, Procedure for Ex Parte Orders, Requirements for Affidavits, Security for Costs
Source Language
English
Civil Procedure Attachment Before Judgment Procedure for Ex Parte Orders Requirements for Affidavits Security for Costs

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Parties

MHS Couli'tha Kapingu

Appellant

Mrs. Mwanahamisi Kiangi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether attachment before judgment was properly ordered without notice to the appellant
  2. 2 Whether the affidavit supporting the application for attachment was valid
  3. 3 Whether the order requiring deposit of security was justified

Ratio Decidendi

The order for attachment before judgment was unjustified due to lack of notice to the appellant and insufficient, hearsay-based evidence of intent to obstruct execution. The subsequent order requiring deposit of security was also unjustified, serving no legitimate purpose and amounting to oppression.

Court Disposition

appeal allowed

Orders

  • Order for deposit of security set aside
  • Appellant awarded costs