robert gabriel mmari vs mike brydon others 2008 tzhc 192 10 october 2008

robert gabriel mmari vs mike brydon others 2008 tzhc 192 10 october 2008

The court lacks jurisdiction to grant arrest and security before judgment in suits for recovery of immovable property under section 14 of the Civil Procedure Code. The applicant also failed to prove the 1st respondent was about to abscond or dispose of property within the meaning of the law.

Citation
robert gabriel mmari vs mike brydon others 2008 tzhc 192 10 october 2008
Parties
Applicant: Robert Gabriel Mmari; 1st Respondent: Mike Brydon; 2nd Respondent: Tropical Africa Trails Ltd; 3rd Respondent: Kilimanjaro International Institute for Telecommunication Electronics and Computers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 October 2008
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Arrest and Security Before Judgment
Outcome
Application dismissed with costs
Legal Topics
Arrest Before Judgment, Security for Appearance, Jurisdiction, Immovable Property, Hearsay Evidence
Source Language
English
Civil Procedure Land Law Arrest Before Judgment Security for Appearance Jurisdiction Immovable Property Hearsay Evidence

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Parties

Robert Gabriel Mmari

Applicant

Mike Brydon

1st Respondent

Tropical Africa Trails Ltd

2nd Respondent

Kilimanjaro International Institute for Telecommunication Electronics and Computers Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Arrest and Security Before Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to order arrest and security before judgment in a suit concerning immovable property
  2. 2 Whether the applicant established grounds for arrest and security against the 1st respondent

Ratio Decidendi

The court lacks jurisdiction to grant arrest and security before judgment in suits for recovery of immovable property under section 14 of the Civil Procedure Code. The applicant also failed to prove the 1st respondent was about to abscond or dispose of property within the meaning of the law.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs