charles marco naibala vs thamas marco naibala 2018 tzhc 2271 26 october 2018

charles marco naibala vs thamas marco naibala 2018 tzhc 2271 26 october 2018

The taxing master erred by not following the binding precedent of the High Court regarding the applicable provision for setting aside a dismissal order; the decision is set aside and the application is to be heard on merit by a different taxing master.

Citation
charles marco naibala vs thamas marco naibala 2018 tzhc 2271 26 october 2018
Parties
Applicant: Charles Marco Naibala; Respondent: Thomas Marco Naibala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 October 2018
Procedural Posture
Civil Reference / Ruling on Reference Against Decision of Taxing Master
Outcome
Decision of the taxing master set aside; application to be heard on merit by a different taxing master.
Legal Topics
Setting Aside Dismissal Order, Application Under Wrong Provision, Precedent Binding on Taxing Master
Source Language
English
Civil Procedure Setting Aside Dismissal Order Application Under Wrong Provision Precedent Binding on Taxing Master

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Parties

Charles Marco Naibala

Applicant

Thomas Marco Naibala

Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Decision of Taxing Master

Legal Issues

  1. 1 Whether the taxing master erred in striking out the application for setting aside a dismissal order on the ground of wrong provision of law
  2. 2 Whether the taxing master was bound by the High Court precedent regarding the applicable provision

Ratio Decidendi

The taxing master erred by not following the binding precedent of the High Court regarding the applicable provision for setting aside a dismissal order; the decision is set aside and the application is to be heard on merit by a different taxing master.

Court Disposition

Decision of the taxing master set aside; application to be heard on merit by a different taxing master.

Orders

  • Decision of the taxing master is set aside.
  • Application to be heard on merit by a different taxing master.