20100618 TZHC Dar es Salaam

20100618 TZHC Dar es Salaam

Failure by the trial court to grant costs and interest to the successful party without providing reasons constitutes an error in law and a miscarriage of justice.

Citation
20100618 TZHC Dar es Salaam
Parties
Appellant: Joseph Kaunda; Respondent: Dr. Maguru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Costs, Interest on Decretal Sum, Judicial Discretion
Source Language
English

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Joseph Kaunda

Appellant

Dr. Maguru

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the trial court erred in law and fact by failing to grant interest and costs to the successful party without giving reasons.

Ratio Decidendi

Failure by the trial court to grant costs and interest to the successful party without providing reasons constitutes an error in law and a miscarriage of justice.

Court Disposition

appeal allowed

Orders

  • Appellant to have interest and costs of the suit as prayed in the plaint.
  • Each party to bear its own costs for the appeal.