AFRISCAN GROUP T LTD VS SAID ABDALLAH MSANGI MISC

AFRISCAN GROUP T LTD VS SAID ABDALLAH MSANGI MISC

There were no sufficient reasons to depart from the general rule that costs follow the event; the first respondent's counsel had incurred costs and is entitled to them despite the withdrawal of the application.

Source-derived case information.

Citation
AFRISCAN GROUP T LTD VS SAID ABDALLAH MSANGI MISC
Parties
Applicant: Afriscan Group (T) Ltd; Respondent: Said Abdallah Msangi; Respondent: Afriscan Construction Co. Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Leave to Amend Plaint and Withdrawal of Application
Outcome
Application withdrawn with costs to the first respondent
Legal Topics
Withdrawal of Application, Costs, Amendment of Pleadings
Source Language
english
Civil Procedure Commercial Law Withdrawal of Application Costs Amendment of Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Afriscan Group (T) Ltd

Applicant

Said Abdallah Msangi

Respondent

Afriscan Construction Co. Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Leave to Amend Plaint and Withdrawal of Application

Legal Issues

  1. 1 Whether the applicant should be allowed to withdraw the application with or without costs

Ratio Decidendi

There were no sufficient reasons to depart from the general rule that costs follow the event; the first respondent's counsel had incurred costs and is entitled to them despite the withdrawal of the application.

Court Disposition

Application withdrawn with costs to the first respondent

Orders

  • The application is marked withdrawn at the instance of the applicant with costs to the first respondent