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
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Parties
Joseph Kaunda
Appellant
Dr. Maguru
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 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.
Full Case Text
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