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Tanzania decisions
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The applicant demonstrated that the respondents are foreign entities residing outside Tanzania and do not possess sufficient immovable property within Tanzania. The respondents failed to categorically controvert these facts. Therefore, the statutory conditions for ordering security for costs are satisfied.
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The High Court ordered foreign plaintiffs to provide security for costs, holding that a local donee under power of attorney does not assume the donor’s liabilities.
The High Court ordered a foreign respondent to deposit USD 36,623.9 as security for costs, finding it had no sufficient immovable property in Tanzania.
A foreign plaintiff without immovable property in Tanzania is liable to provide security for costs under Order XXV Rule 1 of the Civil Procedure Code. The Respondent meets these criteria and must deposit security. The quantum is set at USD 20,000, balancing the need to protect the Defendant and the Plaintiff's right to access the Court.
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A foreign plaintiff without immovable property in Tanzania must deposit security for costs under Order XXV Rule 1 CPC; quantum is discretionary and set at USD 20,000 considering the complexity and value of the dispute, balancing access to justice and protection of the defendant.
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The plaintiff is a foreigner with no assets or business in Tanzania, satisfying the conditions for security for costs. However, the defendant failed to justify the claimed amount of TZS 31,500,000 with evidence. The court exercises its discretion to order a reasonable amount of TZS 15,000,000 as security for costs.
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The High Court ordered a foreign respondent to deposit TShs. 20,000,000 as security for costs, finding the foreign-company conditions met but the claimed 10% excessive.
High Court of Tanzania ruling on security for costs in a commercial dispute, ordering the foreign respondent to deposit TZS 50 million.
The High Court ordered a foreign plaintiff to provide security for costs, finding it had no immovable property in Tanzania. The amount was reduced from USD 100,000 to USD 40,000.
The respondent, being a foreign entity with no immovable property in Tanzania, falls within the conditions warranting an order for security for costs. The amount claimed by the applicant is excessive and not justified by the nature of the suit or the applicable legal framework. The court exercises its discretion to set a reasonable amount for security for costs.
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