20170804 TZCA Dar es Salaam

The court cannot proceed to determine the consolidated bills of costs without first addressing the issues of limitation period for filing and proper service to the respondent, as these are fundamental to the respondent's right to be heard.

Citation: 20170804 TZCA Dar es Salaam
Parties: Applicant/decree Holder: VIP Engineering and Marketing Ltd; Applicant/decree Holder: The Joint Liquidators of Tritel; Respondent/debtor: Citibank Tanzania Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 August 2017
Procedural Posture: Civil Appeal / Ruling on Bill of Costs, Post Judgment
Outcome: adjourned for further hearing
Legal Topics: Bill of Costs, Limitation Period, Service of Process, Right to Be Heard
Source Language: English

Civil Procedure Bill of Costs Limitation Period Service of Process Right to Be Heard

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Parties

VIP Engineering and Marketing Ltd

Applicant/decree Holder

The Joint Liquidators of Tritel

Applicant/decree Holder

Citibank Tanzania Limited

Respondent/debtor

Procedural Posture

Civil Appeal / Ruling on Bill of Costs, Post Judgment

Legal Issues

1 Whether the bill of costs was filed within the limitation period as per the Tanzania Court of Appeal Rules, 2009
2 Whether the respondent was properly served and given an opportunity to be heard

Ratio Decidendi

Court Disposition

adjourned for further hearing

Orders

Parties to be summoned to address the court on limitation of time for filing bill of costs and to ensure respondent is served and given an opportunity to be heard.