flora kilasi another vs safeguard t ltd others 2003 tzhc 99 6 august 2003

flora kilasi another vs safeguard t ltd others 2003 tzhc 99 6 august 2003

A decree holder need not apply for execution costs as they are inevitable and determined after the execution process; omission to award such costs in the order is not an error for review.

Citation
flora kilasi another vs safeguard t ltd others 2003 tzhc 99 6 august 2003
Parties
Plaintiff: Flora Kilasi; Plaintiff: Sikitu Kilasi; Defendant: Safeguard (T) Ltd; Defendant: Business Printers Ltd; Defendant: Fredrick Siwale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2003
Procedural Posture
Civil / Application for Review of Costs Order
Outcome
Application dismissed
Legal Topics
Costs of Execution, Review of Court Orders
Source Language
English
Civil Procedure Costs of Execution Review of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Flora Kilasi

Plaintiff

Sikitu Kilasi

Plaintiff

Safeguard (T) Ltd

Defendant

Business Printers Ltd

Defendant

Fredrick Siwale

Defendant

Procedural Posture

Civil / Application for Review of Costs Order

Legal Issues

  1. 1 Whether the decree holder is entitled to apply for costs of execution by review
  2. 2 Whether omission to award execution costs in the order is an error warranting review

Ratio Decidendi

A decree holder need not apply for execution costs as they are inevitable and determined after the execution process; omission to award such costs in the order is not an error for review.

Court Disposition

Application dismissed

Orders

  • No order as to costs