aman malewo vs mbeya cement co ltd 2011 tzca 21 8 july 2011

The Court of Appeal has no jurisdiction to entertain appeals from a Taxing Officer's decision in a Bill of Costs; such objections must be referred to a Judge of the High Court as mandated by statute.

Citation: aman malewo vs mbeya cement co ltd 2011 tzca 21 8 july 2011
Parties: Appellant: Aman Malewo; Respondent: Mbeya Cement Co. Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 July 2011
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out
Legal Topics: Appeals, Taxation of Costs, Jurisdiction
Source Language: English

Civil Procedure Employment Law Appeals Taxation of Costs Jurisdiction

Case Brief

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Parties

Aman Malewo

Appellant

Mbeya Cement Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether an appeal lies to the Court of Appeal from a decision of a Taxing Officer in a Bill of Costs under section 5 of the Appellate Jurisdiction Act

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain appeals from a Taxing Officer's decision in a Bill of Costs; such objections must be referred to a Judge of the High Court as mandated by statute.

Court Disposition

appeal struck out

Orders

The appeal is struck out.
No order as to costs.