20141107 TZHC Dar es Salaam

20141107 TZHC Dar es Salaam

The plaintiff is a foreign company without immovable property in Tanzania; therefore, under Order XXV Rule 1 of the Civil Procedure Code, the court must order security for costs, even at the judgment stage. The amount should reflect actual or likely costs, not the value of the suit.

Citation
20141107 TZHC Dar es Salaam
Parties
Applicant/defendant: Burhani Investment Ltd; Respondent/plaintiff: Wisoba PL Company
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2014
Procedural Posture
Miscellaneous Civil Application / Application for Security for Costs at Judgment Stage
Outcome
application granted in part
Legal Topics
Security for Costs, Foreign Plaintiffs, Procedure at Judgment Stage
Source Language
English
Civil Procedure Security for Costs Foreign Plaintiffs Procedure at Judgment Stage

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Parties

Burhani Investment Ltd

Applicant/defendant

Wisoba PL Company

Respondent/plaintiff

Procedural Posture

Miscellaneous Civil Application / Application for Security for Costs at Judgment Stage

Legal Issues

  1. 1 Whether a foreign plaintiff without immovable property in Tanzania should be ordered to provide security for costs at the judgment stage

Ratio Decidendi

The plaintiff is a foreign company without immovable property in Tanzania; therefore, under Order XXV Rule 1 of the Civil Procedure Code, the court must order security for costs, even at the judgment stage. The amount should reflect actual or likely costs, not the value of the suit.

Court Disposition

application granted in part

Orders

  • Plaintiff to deposit USD 5,000 as security for costs within two weeks from the date of the ruling.