20200923 TZHC Dar es Salaam

20200923 TZHC Dar es Salaam

The High Court has no jurisdiction to proceed with the suit after the plaintiff failed to furnish security for costs within the time ordered. The Court of Appeal did not nullify the order for security for costs, only the proceedings after the lapse of the fixed period. Therefore, the suit must be dismissed under Order XXV Rule 2(1) of the Civil Procedure Code for non-compliance.

Citation
20200923 TZHC Dar es Salaam
Parties
Plaintiff: Phillip Dubeau; 1st Defendant: Usangu Safaris Limited; 2nd Defendant: Abdulbasit H. Mulla; 3rd Defendant: Gamshard Gamdust; 4th Defendant: Zahir Mulla; 5th Defendant: Haroon Mulla
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 2020
Procedural Posture
Civil / Ruling on Maintainability After Remittal for Retrial
Outcome
Suit dismissed with costs
Legal Topics
Security for Costs, Jurisdiction, Dismissal of Suit
Source Language
English
Civil Procedure Security for Costs Jurisdiction Dismissal of Suit

Case Brief

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Parties

Phillip Dubeau

Plaintiff

Usangu Safaris Limited

1st Defendant

Abdulbasit H. Mulla

2nd Defendant

Gamshard Gamdust

3rd Defendant

Zahir Mulla

4th Defendant

Haroon Mulla

5th Defendant

Procedural Posture

Civil / Ruling on Maintainability After Remittal for Retrial

Legal Issues

  1. 1 Whether the High Court can proceed to try the suit de novo after the plaintiff failed to furnish security for costs within the time ordered
  2. 2 Whether the order to deposit security for costs remains valid after nullification of proceedings

Ratio Decidendi

The High Court has no jurisdiction to proceed with the suit after the plaintiff failed to furnish security for costs within the time ordered. The Court of Appeal did not nullify the order for security for costs, only the proceedings after the lapse of the fixed period. Therefore, the suit must be dismissed under Order XXV Rule 2(1) of the Civil Procedure Code for non-compliance.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed under Order XXV Rule 2(1) of the Civil Procedure Code for failure to furnish security for costs within two months as ordered
  • Plaintiff to pay costs