20160907 TZHC Dar es Salaam

20160907 TZHC Dar es Salaam

The application was dismissed because the facts in the affidavit were overtaken by events; the respondent had already left the country, and the property to be attached was outside the court's jurisdiction. Attachment before judgment is only granted in rare cases after proper investigation, which was not possible here.

Citation
20160907 TZHC Dar es Salaam
Parties
Applicant: Raphael Logistic Co. Ltd; Respondent: Kangaroo Minerals Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 September 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Attachment Before Judgment
Outcome
Application dismissed
Legal Topics
Attachment Before Judgment, Ex Parte Proceedings, Debt Recovery
Source Language
English
Civil Procedure Attachment Before Judgment Ex Parte Proceedings Debt Recovery

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Parties

Raphael Logistic Co. Ltd

Applicant

Kangaroo Minerals Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Attachment Before Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an order of attachment before judgment under Order XXXVI Rule 6(a) and (b) and 3 of the CPC

Ratio Decidendi

The application was dismissed because the facts in the affidavit were overtaken by events; the respondent had already left the country, and the property to be attached was outside the court's jurisdiction. Attachment before judgment is only granted in rare cases after proper investigation, which was not possible here.

Court Disposition

Application dismissed

Orders

  • Application for attachment before judgment is dismissed.