20171206 TZHC Moshi

20171206 TZHC Moshi

The application was struck out because it was based on revoked legal provisions without demonstrating impracticability or difficulty in applying the new law, as required by the saving provision. The court found no justification for resorting to the old rules when the new law was operational.

Citation
20171206 TZHC Moshi
Parties
Applicant / Judgment Debtor: Simon Herini; Respondent / Decree Holder: Tito Raphael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2017
Procedural Posture
Civil/taxation Reference / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Application of Revoked Rules, Saving Provisions, Taxation of Costs, Procedural Compliance
Source Language
English
Civil Procedure Costs and Taxation Application of Revoked Rules Saving Provisions Taxation of Costs Procedural Compliance

Case Brief

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Parties

Simon Herini

Applicant / Judgment Debtor

Tito Raphael

Respondent / Decree Holder

Procedural Posture

Civil/taxation Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is bad for citing non-existing provisions of law
  2. 2 Whether Rule 5(1) and (2) of the revoked Advocates Remuneration and Taxation Costs Rules, 1991 is still applicable

Ratio Decidendi

The application was struck out because it was based on revoked legal provisions without demonstrating impracticability or difficulty in applying the new law, as required by the saving provision. The court found no justification for resorting to the old rules when the new law was operational.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs