20001214 TZCA Dar es Salaam

20001214 TZCA Dar es Salaam

A bill of costs presented in the Court of Appeal should not contain items of costs arising in the High Court, as the Court of Appeal Rules do not empower its taxing officer to tax such costs. The combined bill is incompetent.

Citation
20001214 TZCA Dar es Salaam
Parties
Applicant: John L. Bessa; Respondent: Cargo Limited; Respondent: John Mmari
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2000
Procedural Posture
Bill of Costs / Taxation Before Court of Appeal
Outcome
Bill of costs dismissed as incompetent.
Legal Topics
Taxation of Costs, Jurisdiction of Taxing Officer, Court of Appeal Procedure
Source Language
English
Civil Procedure Taxation of Costs Jurisdiction of Taxing Officer Court of Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John L. Bessa

Applicant

Cargo Limited

Respondent

John Mmari

Respondent

Procedural Posture

Bill of Costs / Taxation Before Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal taxing officer has jurisdiction to tax costs arising from High Court proceedings
  2. 2 Whether a combined bill of costs for both High Court and Court of Appeal is competent

Ratio Decidendi

A bill of costs presented in the Court of Appeal should not contain items of costs arising in the High Court, as the Court of Appeal Rules do not empower its taxing officer to tax such costs. The combined bill is incompetent.

Court Disposition

Bill of costs dismissed as incompetent.

Orders

  • Applicant may file two separate bills of costs: one for the High Court and one for the Court of Appeal, to be taxed by the respective taxing officers.