ally ngumba vs jackson kayanda 2020 tzhc 4281 8 december 2020

ally ngumba vs jackson kayanda 2020 tzhc 4281 8 december 2020

Although the application for bill of costs was filed out of time, the applicant is excused due to the absence of a specific time limit in the law at the material time and the ongoing litigation between the parties. However, the bill of costs was improperly taxed as it included costs incurred after the date of judgment, which is contrary to law and practice.

Citation
ally ngumba vs jackson kayanda 2020 tzhc 4281 8 december 2020
Parties
Applicant: Ally Ngumba; Respondent: Jackson Kayanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2020
Procedural Posture
Civil Reference / Ruling on Reference From Taxation Decision
Outcome
Reference partly succeeds
Legal Topics
Bill of Costs, Limitation Periods, Taxation of Costs
Source Language
English
Civil Procedure Costs and Taxation Bill of Costs Limitation Periods Taxation of Costs

Case Brief

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Parties

Ally Ngumba

Applicant

Jackson Kayanda

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Taxation Decision

Legal Issues

  1. 1 Whether the application for bill of costs was time barred
  2. 2 Whether the bill of costs was fairly taxed, specifically regarding costs incurred after the date of judgment

Ratio Decidendi

Although the application for bill of costs was filed out of time, the applicant is excused due to the absence of a specific time limit in the law at the material time and the ongoing litigation between the parties. However, the bill of costs was improperly taxed as it included costs incurred after the date of judgment, which is contrary to law and practice.

Court Disposition

Reference partly succeeds

Orders

  • Case file to be returned to the Tax Master to exclude all items past 1st July 2004 from the bill of costs
  • No order as to costs