universal gg co ltd vs imr metallurgical resources ag another 2023 tzhc 15623 31 january 2023

universal gg co ltd vs imr metallurgical resources ag another 2023 tzhc 15623 31 january 2023

The applicant failed to prove by affidavit or otherwise that the respondent's removal of the coal consignment from the jurisdiction was with intent to obstruct or delay execution of any decree, as required by Order XXXVI Rule 6(1) of the Civil Procedure Code. Both statutory conditions must be met for attachment before judgment, and failure to establish the second condition is fatal to the application.

Citation
universal gg co ltd vs imr metallurgical resources ag another 2023 tzhc 15623 31 january 2023
Parties
Applicant: Universal G & G Co. Ltd; Respondent: IMR Metallurgical Resources AG; Interested Party: Jitegemee Holdings Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2023
Procedural Posture
Misc. Civil Application / Ruling on Application for Attachment Before Judgment
Outcome
Application dismissed with costs
Legal Topics
Attachment Before Judgment, Interim Relief, Breach of Confidentiality Agreement, Burden of Proof
Source Language
English
Civil Procedure Attachment Before Judgment Interim Relief Breach of Confidentiality Agreement Burden of Proof

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Parties

Universal G & G Co. Ltd

Applicant

IMR Metallurgical Resources AG

Respondent

Jitegemee Holdings Company Limited

Interested Party

Procedural Posture

Misc. Civil Application / Ruling on Application for Attachment Before Judgment

Legal Issues

  1. 1 Whether the applicant has established the conditions for attachment before judgment under Order XXXVI Rule 6 of the Civil Procedure Code

Ratio Decidendi

The applicant failed to prove by affidavit or otherwise that the respondent's removal of the coal consignment from the jurisdiction was with intent to obstruct or delay execution of any decree, as required by Order XXXVI Rule 6(1) of the Civil Procedure Code. Both statutory conditions must be met for attachment before judgment, and failure to establish the second condition is fatal to the application.

Court Disposition

Application dismissed with costs

Orders

  • Application for attachment before judgment is dismissed with costs