Tanzania Case Law

Amended Ruling Kefa Manase Kijo

Court

TANZLII

The applicant satisfied all statutory requirements for attachment before judgment by establishing a prima facie case, providing evidence of the respondent's intent and action to remove assets from the jurisdiction to defeat execution, specifying the property and value, and the respondent having been given an opportunity to be heard but failing to respond. Therefore, an order for attachment before judgment is warranted.

Source excerpt

• Attachment before judgment
• Breach of contract
• Interim relief
• Security for satisfaction of decree

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flipos gebremedhin vs asmara transport co ltd 2024 tzhccomd 2 31 january 2024

Court

TZHCCOMD

The High Court dismissed an application for attachment before judgment, holding that the applicant failed to prove intent to dispose of assets or meet the CPC requirements.

• Attachment before judgment
• Security for costs
• Burden of proof
• Jurisdiction
• Company law
• Attachment-before-judgment

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EFFICIENT FREIGHTERS T LTD VS OMAX FERRO ALLOYS ZAMBIA LTD MISC

Court

TANZLII

Applicant established a prima facie case, provided cogent evidence of respondent's intent to remove property from jurisdiction, and respondent failed to show cause or oppose; attachment before judgment is warranted.

Source excerpt

• Attachment before judgment
• Interim relief
• Service of process
• Execution of decrees

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fabec investment ltd vs mes international financial services another 2023 tzhccomd 27 15 february 2023

Court

TZHCCOMD

The Applicant demonstrated, through affidavit and supporting evidence, that the Respondents intended to remove equipment from the jurisdiction, satisfying the conditions for attachment before judgment under Order XXXVI Rule 6. However, sale of the equipment was not warranted as the case is still pending and no decree has been issued.

Source excerpt

• Attachment before judgment
• Security for costs
• Interim relief

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imani andongolile mwaisunga 2 others vs lvc company limited 2023 tzhc 16210 7 february 2023

Court

TZHC

The High Court struck out an application challenging a bank-account attachment, holding it was improperly brought and supported by a defective affidavit.

• Affidavit defects
• Court jurisdiction
• Abuse of process
• Attachment before judgment
• Civil-procedure
• Affidavits

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

Court

TZHC

The High Court dismissed an application for attachment before judgment, finding that the applicant failed to prove intent to obstruct execution by removing coal from the jurisdiction.

• Attachment before judgment
• Interim relief
• Breach of confidentiality agreement
• Burden of proof
• Attachment-before-judgment
• Civil-procedure

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mobikey truck and bus ltd vs junior construction co ltd 2022 tzhccomd 392 14 december 2022

Court

TZHCCOMD

Disabling the vehicle tracking system constitutes an attempt to conceal the vehicles and remove them from the jurisdiction, justifying attachment before judgment under the Civil Procedure Code.

Source excerpt

• Attachment before judgment
• Sale of goods
• Breach of contract
• Evidentiary burden

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buraq logistics limited v prime cement limited 2022 tzhccomd 53 4 march 2022

Court

TZHCCOMD

The High Court dismissed an application for attachment before judgment, finding no affidavit evidence that the respondent was disposing of property to obstruct execution.

• Attachment before judgment
• Security for satisfaction of decree
• Contract for carriage of goods
• Attachment-before-judgment
• Security-for-decree
• Civil-procedure

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locus debt managment limited vs symbion power tanzania limited 2021 tzhccomd 3415 22 november 2021

Court

TZHCCOMD

The High Court ordered Symbion Power Tanzania Limited to deposit USD 30 million as security pending a related commercial cause, and awarded costs to the applicant.

• Attachment before judgment
• Security for debt
• Costs
• Enforcement of settlement
• Security-for-debt
• Attachment-before-judgment

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Shan Ruling Final

Court

TANZLII

The application was struck out due to lack of material evidence, procedural flaws, and failure to meet the legal threshold for attachment before judgment.

Source excerpt

• Attachment before judgment
• Loan agreement
• Asset dissipation
• Burden of proof

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