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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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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east african cables t limited cs spencon services limited 2016 tzhccomd 2077 1 july 2016

Court

TZHCCOMD

The applicant's affidavit evidence that the respondent is about to wind up business in Tanzania, lacks unencumbered assets within the jurisdiction, and is disposing of receivables outside the jurisdiction was not specifically controverted by the respondent's counter-affidavit. Therefore, there is prima facie evidence justifying attachment before judgment under Order XXXVI Rule 6. The alleged third party interest (Standard Chartered Bank Uganda) was not established as affecting the specific receivables in question, and the parties to the loan agreement are distinct legal entities.

Source excerpt

• Attachment before judgment
• Security for satisfaction of decree
• Third party interests in receivables

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20070830 TZHC Dar es Salaam

Court

TZHC

Sufficient cause was shown by the applicants, as the involvement of counsel for the defendant was not addressed in the counter affidavit, justifying an order for the defendant to appear and show cause why security should not be furnished.

Source excerpt

• Attachment before judgment
• Security for satisfaction of decree

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