navnit gordhandas davda vs next telecom int ltd and others 2020 tzhccomd 2005 21 july 2020

navnit gordhandas davda vs next telecom int ltd and others 2020 tzhccomd 2005 21 july 2020

Leave to appeal was granted because the issue of whether a third party can deposit security for costs on behalf of a party without court permission is a substantial question of law requiring guidance from the Court of Appeal.

Citation
navnit gordhandas davda vs next telecom int ltd and others 2020 tzhccomd 2005 21 july 2020
Parties
Applicant: Navnit Gordhands Davda; 1st Respondent: Next Telecom Int (T) Limited; 2nd Respondent: Nishit Ratilal Pattani; 3rd Respondent: Niten Ratilal Pattani; 4th Respondent: Bharat Badian
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 July 2020
Procedural Posture
Miscellaneous Commercial Application / Application for Leave to Appeal to Court of Appeal
Outcome
Leave to appeal granted
Legal Topics
Leave to Appeal, Security for Costs, Third Party Rights
Source Language
English
Civil Procedure Commercial Law Leave to Appeal Security for Costs Third Party Rights

Case Brief

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Parties

Navnit Gordhands Davda

Applicant

Next Telecom Int (T) Limited

1st Respondent

Nishit Ratilal Pattani

2nd Respondent

Niten Ratilal Pattani

3rd Respondent

Bharat Badian

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted where the High Court exercised original jurisdiction
  2. 2 Whether a third party can deposit security for costs on behalf of a party without court permission

Ratio Decidendi

Leave to appeal was granted because the issue of whether a third party can deposit security for costs on behalf of a party without court permission is a substantial question of law requiring guidance from the Court of Appeal.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal to the Court of Appeal is granted under section 5(1)(c) of the Appellate Jurisdiction Act, Cap 141