19761004 TZHC Mwanza

19761004 TZHC Mwanza

Where a litigant causes the wrongful attachment of another's property, any expenses relevantly incurred as a result should be defrayed by the party causing the same.

Citation
19761004 TZHC Mwanza
Parties
Appellant: Oclioro Were; Respondent: Nsiligi Juhoo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 1976
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Wrongful Attachment, Costs, Execution of Judgment
Source Language
English
Civil Procedure Tort Wrongful Attachment Costs Execution of Judgment

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Parties

Oclioro Were

Appellant

Nsiligi Juhoo

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent is liable for costs incurred by the appellant due to wrongful attachment of property

Ratio Decidendi

Where a litigant causes the wrongful attachment of another's property, any expenses relevantly incurred as a result should be defrayed by the party causing the same.

Court Disposition

appeal allowed

Orders

  • Primary Court's award of costs to appellant restored
  • Respondent to pay costs