ISSA NDEGE EDITED 222222

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB REGISTRY OF MANYARA AT BABATI CIVIL REFERENCE NO. 17845 OF 2024 {Arising from Babati District Land and Housing Tribunal taxation cause No. 60 of 2024). ISSA NDEGE................................................................ APPLICANT VERSUS TLAGHASI SHANGWE........................................................ RESPONDENT RULING 17th September & October, 2024 Kahyoza, J.: Issa Ngede (the applicant) filed civil reference against Tlaghasi Shangwe (the respondent) seeking this court to reassess the taxation of bill of costs by the taxing officer. The chairman of the district land and housing tribunal for Babati taxed the respondent's bill of costs as prayed at Tzs. 1,068,000.00. Aggrieved, Issa Ngede instituted the current application. The respondent instituted a bill of costs seeking for costs the tribunal awarded him on 28.2.2024. The records depicts that the respondent filed the bill of costs on 17th May, 2024 and filing fees on 21.5.2024. It is established principle law that where a matter is instituted by paying filing fees, the date of payment of fees is the considered as the date of filing the matter. See John Chug Vs Anthony Sizya [1992] TLR where it was held that "the date of filing a document in a court is a day i of paying court fees and not receiving of documents/' Thus, there is no disputed that the respondent instituted the bill of costs on 21.5.2024. I was in doubt if the bill of costs was filed within the prescribe time. Before writing the ruling I invited the parties to address me on the matter. The applicant submitted that the respondent instituted the bill of costs out time and that issue was raised before the tribunal by his advocate. The applicant being a layperson had nothing to add to that. The respondent was absent without any information to this court, hence, he denied himself an opportunity to address the court. The law is evident that the bill of costs must be filed within sixty days. Order 4 of the Advocates Remuneration Order 2015, G.N No. 263/2025 provides that- 4. A decree holder may, within sixty days from the date of an order awarding costs, lodge an application for taxation by filing a bill of costs prepared in a manner provided for under Order 55. Indisputably, the tribunal awarded costs to the respondent on 28.2.2024 and the respondent instituted the bill of costs on 21.5.2024. It is obvious that sixty days expired on 28. 4.2024 which happened to be a Sunday, which was dies none, thus, the deadline was on 29.4.2024. The respondent filed the bill of cost after the period of sixty days had expired. The respondent filed the bill of costs after 22 days had elapsed without 2 leave to do so. I find that since the respondent instituted the bill of costs out of time the tribunal had no jurisdiction to tax it. In the end, I find that the tribunal had no jurisdiction to tax the bill of costs filed out of time, as result the proceedings and the subsequent ruling were all a nullity. Consequently, I quash the proceedings, set aside the ruling and dismiss the bill of costs filed before the tribunal for being filed out of time. To avoid endless litigation and by nature of this matter I make no order as to costs. I order accordingly. Dated at Babati this 9th day of October, 2024 John R. Kahyoza, J. Court: Ruling delivered in the presence of the applicant and in the absence of the respondent. B/C. Ms. Ombeni (RMA) present. John R. Kahyoza Judge 9. 10.2024 3