shafii mohammed mrambas vs dickson kinoko tanzania ltd 2016 tzhccomd 2062 7 november 2016

shafii mohammed mrambas vs dickson kinoko tanzania ltd 2016 tzhccomd 2062 7 november 2016

The respondent is entitled to costs upon withdrawal of the petition as there is no sufficient reason to deprive them, and the general rule is that costs follow the event.

Citation
shafii mohammed mrambas vs dickson kinoko tanzania ltd 2016 tzhccomd 2062 7 november 2016
Parties
Petitioner: Sna Fit Mohammed M Rambas; Respondent: Dickson Kinoko Tanzania Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 November 2016
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Withdrawal and Costs
Outcome
Petition marked withdrawn at the instance of the petitioner. Costs to follow the event.
Legal Topics
Winding Up Petition, Costs, Withdrawal of Petition
Source Language
English
Company Law Civil Procedure Winding Up Petition Costs Withdrawal of Petition

Case Brief

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Parties

Sna Fit Mohammed M Rambas

Petitioner

Dickson Kinoko Tanzania Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Withdrawal and Costs

Legal Issues

  1. 1 Whether costs should be awarded to the respondent upon withdrawal of the winding up petition
  2. 2 Whether the respondent's lack of reply to the petition affects entitlement to costs

Ratio Decidendi

The respondent is entitled to costs upon withdrawal of the petition as there is no sufficient reason to deprive them, and the general rule is that costs follow the event.

Court Disposition

Petition marked withdrawn at the instance of the petitioner. Costs to follow the event.

Orders

  • Petition withdrawn
  • Costs awarded to respondent