glaxo group ltd vs agri vet ltd 2005 tzhccomd 3 16 august 2005

glaxo group ltd vs agri vet ltd 2005 tzhccomd 3 16 august 2005

The reference was filed one day after the expiry of the 21-day limitation period without leave of the court, rendering it time barred and subject to dismissal with costs.

Source-derived case information.

Citation
glaxo group ltd vs agri vet ltd 2005 tzhccomd 3 16 august 2005
Parties
Plaintiff: Glaxo Group Limited; Defendant: Agri-Vet Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 August 2005
Procedural Posture
Commercial Case / Ruling on Reference Against Taxation of Costs
Outcome
Dismissed with costs
Legal Topics
Limitation Period for Reference, Taxation of Instruction Fee, Dismissal for Time Bar
Source Language
english
Civil Procedure Costs and Taxation Limitation Period for Reference Taxation of Instruction Fee Dismissal for Time Bar

Source-derived case record

Summary, issues, holding and outcome

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Parties

Glaxo Group Limited

Plaintiff

Agri-Vet Limited

Defendant

Procedural Posture

Commercial Case / Ruling on Reference Against Taxation of Costs

Legal Issues

  1. 1 Whether the reference against the Taxing Master's decision was filed within the prescribed limitation period
  2. 2 Whether the instruction fee taxed was exorbitant and unreasonable

Ratio Decidendi

The reference was filed one day after the expiry of the 21-day limitation period without leave of the court, rendering it time barred and subject to dismissal with costs.

Court Disposition

Dismissed with costs

Orders

  • The reference is dismissed with costs for being time barred.