20191231 TZHC Dar es Salaam

20191231 TZHC Dar es Salaam

Yussuf Sheikh was the proper advocate for the Judgment Debtor after Hamida Sheikh was discharged, and the Bill of Costs was properly served on him; preliminary objections lack merit and are dismissed with costs.

Citation
20191231 TZHC Dar es Salaam
Parties
Plaintiff/judgment Debtor: Metmar Trading (Pyt) Limited; 1st Defendant/decree Holder: K&K Cargo Logistics (T) Limited; 2nd Defendant/decree Holder: Alfred H. Knights Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 2019
Procedural Posture
Civil / Ruling on Bill of Costs Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Bill of Costs, Advocate Representation, Preliminary Objection
Source Language
English
Civil Procedure Bill of Costs Advocate Representation Preliminary Objection

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Parties

Metmar Trading (Pyt) Limited

Plaintiff/judgment Debtor

K&K Cargo Logistics (T) Limited

1st Defendant/decree Holder

Alfred H. Knights Tanzania Limited

2nd Defendant/decree Holder

Procedural Posture

Civil / Ruling on Bill of Costs Preliminary Objections

Legal Issues

  1. 1 Whether the Bill of Costs was properly lodged under Order 55(4) of the Advocates Remuneration Order 2015
  2. 2 Whether Yussuf Sheikh was the proper advocate to be served
  3. 3 Whether the Bill contained false information

Ratio Decidendi

Yussuf Sheikh was the proper advocate for the Judgment Debtor after Hamida Sheikh was discharged, and the Bill of Costs was properly served on him; preliminary objections lack merit and are dismissed with costs.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • Preliminary objections dismissed
  • Costs awarded to Decree Holders