quality chemical industries ltd and anor v magezi application 8 of 2014 application 9 of 2014 2014 eacj 142 19 june 2014

quality chemical industries ltd and anor v magezi application 8 of 2014 application 9 of 2014 2014 eacj 142 19 june 2014

Applicants and IGG, having been wrongly impleaded and compelled to respond to court notifications, are entitled to costs upon withdrawal of the Reference against them, as costs follow the event and there is no conduct justifying denial of costs.

Citation
quality chemical industries ltd and anor v magezi application 8 of 2014 application 9 of 2014 2014 eacj 142 19 june 2014
Parties
1st Applicant: M/S Quality Chemical Industries Ltd.; 2nd Applicant: M/S National Medical Stores; Respondent: Godfrey Magezi
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
19 June 2014
Procedural Posture
Consolidated Applications (nos. 8 and 9 of 2014) Arising From Reference No. 5 of 2013 / Ruling on Entitlement to Costs After Withdrawal of Reference Against Applicants
Outcome
Applications allowed; costs awarded to Applicants and IGG against Respondent.
Legal Topics
Withdrawal of Proceedings, Entitlement to Costs, Misjoinder of Parties, Court Procedure
Source Language
English
Civil Procedure Costs Withdrawal of Proceedings Entitlement to Costs Misjoinder of Parties Court Procedure

Case Brief

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Parties

M/S Quality Chemical Industries Ltd.

1st Applicant

M/S National Medical Stores

2nd Applicant

Godfrey Magezi

Respondent

Procedural Posture

Consolidated Applications (nos. 8 and 9 of 2014) Arising From Reference No. 5 of 2013 / Ruling on Entitlement to Costs After Withdrawal of Reference Against Applicants

Legal Issues

  1. 1 Whether Applicants and IGG, wrongly impleaded as Interested Parties and later withdrawn from the Reference, are entitled to costs from the Respondent

Ratio Decidendi

Applicants and IGG, having been wrongly impleaded and compelled to respond to court notifications, are entitled to costs upon withdrawal of the Reference against them, as costs follow the event and there is no conduct justifying denial of costs.

Court Disposition

Applications allowed; costs awarded to Applicants and IGG against Respondent.

Orders

  • Applicants and IGG are entitled to costs as prayed from the date of this order until payment in full.
  • Respondent is condemned to pay costs of this Application.