20120813 TZHC Dar es Salaam

The application was struck out with costs because the applicant failed to file written submissions as ordered by the court and provided no explanation for the failure.

Citation: 20120813 TZHC Dar es Salaam
Parties: Applicant: MIG Industries Limited; 1st Respondent: RAD Holdings Limited; 2nd Respondent: 2000 Industries Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 August 2012
Procedural Posture: Land Case / Ruling on Interim Application
Outcome: Application struck out with costs
Legal Topics: Interim Orders, Return of Property, Striking Out Applications
Source Language: English

Civil Procedure Property Law Interim Orders Return of Property Striking Out Applications

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Parties

MIG Industries Limited

Applicant

RAD Holdings Limited

1st Respondent

2000 Industries Limited

2nd Respondent

Procedural Posture

Land Case / Ruling on Interim Application

Legal Issues

1 Whether the applicant is entitled to interim orders for return of machines and accessories pending the main suit
2 Whether failure to file written submissions warrants striking out the application

Ratio Decidendi

The application was struck out with costs because the applicant failed to file written submissions as ordered by the court and provided no explanation for the failure.

Court Disposition

Application struck out with costs

Orders

Application struck out
Applicant to pay costs