20071018 TZHC Mwanza

20071018 TZHC Mwanza

The Taxing Master acted properly in refusing to tax costs already dismissed by the District Court; the applicant's remedy was to appeal the District Court's dismissal, not to refile the same items in the High Court.

Citation
20071018 TZHC Mwanza
Parties
Applicant: Masaku Chibuga; Respondent: Care Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2007
Procedural Posture
Civil Reference / Ruling on Reference From Taxing Master Decision
Outcome
Reference dismissed with costs.
Legal Topics
Taxation of Costs, Jurisdiction of Taxing Master, Appeal Procedure
Source Language
English
Civil Procedure Taxation of Costs Jurisdiction of Taxing Master Appeal Procedure

Case Brief

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Parties

Masaku Chibuga

Applicant

Care Tanzania

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Taxing Master Decision

Legal Issues

  1. 1 Whether the Taxing Master should have taxed costs incurred in the District Court after dismissal of the bill of costs by the District Court
  2. 2 Whether the Taxing Master erred in not referring the question of costs to a Judge

Ratio Decidendi

The Taxing Master acted properly in refusing to tax costs already dismissed by the District Court; the applicant's remedy was to appeal the District Court's dismissal, not to refile the same items in the High Court.

Court Disposition

Reference dismissed with costs.

Orders

  • Reference dismissed with costs.