db shapriya co ltd vs regional managertanroads lindi 2018 tzca 256 18 september 2018

An award of costs must be made specifically and explicitly in the final order; where the Court is silent on costs, no costs are awarded and taxation cannot proceed.

Citation: db shapriya co ltd vs regional managertanroads lindi 2018 tzca 256 18 september 2018
Parties: Applicant/decree Holder: DB Shapriya & Company Limited; Respondent/judgment Debtor: Regional Manager, TANROADS Lindi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 September 2018
Procedural Posture: Civil Reference / Reference From Taxing Officer's Ruling on Bill of Costs
Outcome: Reference dismissed with costs.
Legal Topics: Costs, Taxation of Costs, Discretion of Court
Source Language: English

Civil Procedure Costs Taxation of Costs Discretion of Court

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Parties

DB Shapriya & Company Limited

Applicant/decree Holder

Regional Manager, TANROADS Lindi

Respondent/judgment Debtor

Procedural Posture

Civil Reference / Reference From Taxing Officer's Ruling on Bill of Costs

Legal Issues

1 Whether the Court awarded costs to the applicant in its order dismissing the appeal for non-appearance
2 Whether taxation of costs can proceed in absence of an explicit order for costs

Ratio Decidendi

An award of costs must be made specifically and explicitly in the final order; where the Court is silent on costs, no costs are awarded and taxation cannot proceed.

Court Disposition

Reference dismissed with costs.

Orders

Reference is dismissed with costs.