sicro engineering ltd vs contruction equipment africa ltd 2005 tzhccomd 49 29 july 2005

The plaintiff is a foreign company with no immovable property in Tanzania, satisfying the preconditions for an order for security for costs. The application is granted as the defendant has established entitlement to the order.

Citation: sicro engineering ltd vs contruction equipment africa ltd 2005 tzhccomd 49 29 july 2005
Parties: Plaintiff: Sicro Engineering Limited; Defendant: Construction Equipment Africa Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 29 July 2005
Procedural Posture: Application for Security for Costs / Ruling on Application for Security for Costs
Outcome: Application granted with costs.
Legal Topics: Security for Costs, Foreign Company Litigation, Discretionary Orders
Source Language: English

Civil Procedure Commercial Law Security for Costs Foreign Company Litigation Discretionary Orders

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Parties

Sicro Engineering Limited

Plaintiff

Construction Equipment Africa Limited

Defendant

Procedural Posture

Application for Security for Costs / Ruling on Application for Security for Costs

Legal Issues

1 Whether the plaintiff, a foreign company, should be ordered to deposit security for costs under Order XXV Rule 1 of the Civil Procedure Code, 1966

Ratio Decidendi

Court Disposition

Application granted with costs.

Orders

Plaintiff to deposit security for costs amounting to Tshs. 9,000,000 in court by 30/08/2005.
Failure to deposit will result in dismissal of the suit under Order XXV 2(1) of the Civil Procedure Code 1966.