target borewells limited vs shaban cosla and 2 others 2023 tzhc 16749 13 march 2023

target borewells limited vs shaban cosla and 2 others 2023 tzhc 16749 13 march 2023

Granting the application to release the attached vehicles to the applicant before determination of ownership in the pending suit would pre-empt the main issue in controversy and risk injustice to the judgment debtor if the suit is decided in their favour. The application is therefore dismissed as devoid of merit.

Citation
target borewells limited vs shaban cosla and 2 others 2023 tzhc 16749 13 march 2023
Parties
Applicant: Target Borewells Limited; 1st Respondent: Shaban Cosla; 2nd Respondent: Abdallah M. Mkata t/a Sensitive Auction Mart and Court Broker; 3rd Respondent: Escon Borewells Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Vary Temporary Injunction Order
Outcome
Application dismissed with costs to the 1st and 2nd respondents.
Legal Topics
Variation of Injunction, Attachment and Execution, Ownership Dispute, Security for Performance, Objection Proceedings
Source Language
English
Civil Procedure Injunctions Execution of Judgments Variation of Injunction Attachment and Execution Ownership Dispute Security for Performance Objection Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Target Borewells Limited

Applicant

Shaban Cosla

1st Respondent

Abdallah M. Mkata t/a Sensitive Auction Mart and Court Broker

2nd Respondent

Escon Borewells Company Limited

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Vary Temporary Injunction Order

Legal Issues

  1. 1 Whether the court should vary its temporary injunction order to release attached motor vehicles to the applicant upon provision of security
  2. 2 Whether granting the application would pre-empt the pending suit on ownership of the attached properties

Ratio Decidendi

Granting the application to release the attached vehicles to the applicant before determination of ownership in the pending suit would pre-empt the main issue in controversy and risk injustice to the judgment debtor if the suit is decided in their favour. The application is therefore dismissed as devoid of merit.

Court Disposition

Application dismissed with costs to the 1st and 2nd respondents.

Orders

  • The application is dismissed.
  • Costs awarded to the 1st and 2nd respondents.