20101005 TZHC Dar es Salaam1

20101005 TZHC Dar es Salaam1

The court found that neither party provided concrete material to justify their proposed amounts for security for costs. Exercising its discretion under Order XXV Rule 1(1) of the Civil Procedure Code, the court ordered the plaintiff to deposit USD 8,000.00 as security for costs within thirty days.

Citation
20101005 TZHC Dar es Salaam1
Parties
Plaintiff: Narayanan Radhakrishman Nambiar; Defendant: Fed Ha Fund Limited; Defendant: Interchick Company Limited; Defendant: Tanzania Breeders & Feed Mills Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 October 2010
Procedural Posture
Civil / Application for Security for Costs
Outcome
application granted in part
Legal Topics
Security for Costs, Foreign Plaintiff, Court Discretion
Source Language
English
Civil Procedure Security for Costs Foreign Plaintiff Court Discretion

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Parties

Narayanan Radhakrishman Nambiar

Plaintiff

Fed Ha Fund Limited

Defendant

Interchick Company Limited

Defendant

Tanzania Breeders & Feed Mills Ltd

Defendant

Procedural Posture

Civil / Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff, being a foreigner with no immovable assets in the jurisdiction, should provide security for costs and in what amount

Ratio Decidendi

The court found that neither party provided concrete material to justify their proposed amounts for security for costs. Exercising its discretion under Order XXV Rule 1(1) of the Civil Procedure Code, the court ordered the plaintiff to deposit USD 8,000.00 as security for costs within thirty days.

Court Disposition

application granted in part

Orders

  • Plaintiff to deposit USD 8,000.00 as security for costs within thirty days from the date of the ruling.