kulvinder kal mathuru vs megadeposits explorers t ltd another 2007 tzhc 134 20 november 2007

The plaintiff resides outside Tanzania and has not proven ownership of property in Tanzania; therefore, security for costs is warranted, but the amount claimed by defendants is excessive and only actual and likely costs should be ordered.

Citation: kulvinder kal mathuru vs megadeposits explorers t ltd another 2007 tzhc 134 20 november 2007
Parties: Plaintiff/respondent: Kulvinder Kal Matharu; Defendant/applicant: Megadeposits Explorers (T) Ltd; Defendant/applicant: Hydro Geos Consulting Group Tanzania Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 November 2007
Procedural Posture: Civil / Interlocutory Application for Security for Costs
Outcome: Application granted in part
Legal Topics: Security for Costs, Foreign Plaintiff, Burden of Proof for Property Ownership
Source Language: English

Civil Procedure Security for Costs Foreign Plaintiff Burden of Proof for Property Ownership

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Parties

Kulvinder Kal Matharu

Plaintiff/respondent

Megadeposits Explorers (T) Ltd

Defendant/applicant

Hydro Geos Consulting Group Tanzania Limited

Defendant/applicant

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

1 Whether the plaintiff, a foreign resident, should be ordered to deposit security for costs
2 Whether the plaintiff has property in Tanzania sufficient to avoid an order for security for costs
3 Quantum of security for costs to be ordered

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Plaintiff to deposit Tshs. 3,009,000/= as security for costs within one month by bankers cheque
Each party to bear its own costs