deodatha elias vs robert joseph hoza 2021 tzhclandd 551 23 september 2021

deodatha elias vs robert joseph hoza 2021 tzhclandd 551 23 september 2021

The applicant filed the Bill of Costs within the 21-day extension granted by Hon. Simfukwe, Deputy Registrar. The Taxing Master erred by calculating time from the earlier order of Hon. Kisongo, Deputy Registrar. The dismissal of the Bill of Costs was therefore incorrect and must be set aside.

Citation
deodatha elias vs robert joseph hoza 2021 tzhclandd 551 23 september 2021
Parties
Applicant: Deodata Elias; 1st Respondent: Robert Joseph; 2nd Respondent: Bianca Joseph; 3rd Respondent: Natalis Timonthy; 4th Respondent: Margreth Samson; 5th Respondent: Jose Kiberiti; 6th Respondent: Augustino Mgachi; 7th Respondent: Yolanda Liyula; 8th Respondent: Mariacia Liyula; 9th Respondent: Leonard Joseph; 10th Respondent: Silvia Joseph; 11th Respondent: Christian
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2021
Procedural Posture
Reference / Ruling on Reference From Taxing Officer's Decision
Outcome
Order of Taxing Master vacated; Bill of Costs No. 29 of 2020 restored for hearing before another Deputy Registrar.
Legal Topics
Extension of Time, Taxation of Costs, Jurisdiction, Bill of Costs
Source Language
English
Civil Procedure Land Law Extension of Time Taxation of Costs Jurisdiction Bill of Costs

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Parties

Deodata Elias

Applicant

Robert Joseph

1st Respondent

Bianca Joseph

2nd Respondent

Natalis Timonthy

3rd Respondent

Margreth Samson

4th Respondent

Jose Kiberiti

5th Respondent

Augustino Mgachi

6th Respondent

Yolanda Liyula

7th Respondent

Mariacia Liyula

8th Respondent

Leonard Joseph

9th Respondent

Silvia Joseph

10th Respondent

Christian

11th Respondent

Procedural Posture

Reference / Ruling on Reference From Taxing Officer's Decision

Legal Issues

  1. 1 Whether the applicant's Bill of Costs No. 29 of 2020 was filed within the prescribed time
  2. 2 Whether the order of the Taxing Master dismissing the Bill of Costs was correct

Ratio Decidendi

The applicant filed the Bill of Costs within the 21-day extension granted by Hon. Simfukwe, Deputy Registrar. The Taxing Master erred by calculating time from the earlier order of Hon. Kisongo, Deputy Registrar. The dismissal of the Bill of Costs was therefore incorrect and must be set aside.

Court Disposition

Order of Taxing Master vacated; Bill of Costs No. 29 of 2020 restored for hearing before another Deputy Registrar.

Orders

  • Order of Hon. Tengwa, Deputy Registrar in Bill of Cost No. 29 of 2020 vacated.
  • Bill of Cost No. 29 of 2020 restored for hearing before another Deputy Registrar.