masaka mussa vs rogers andrew lumenyela and two others 2022 tzhc 14362 27 october 2022

masaka mussa vs rogers andrew lumenyela and two others 2022 tzhc 14362 27 october 2022

Taxation of the bill of costs during a pending appeal is not permitted as the court lacks jurisdiction; the award of instruction fees based on the decretal sum constitutes illegal contingency fees; apportionment of costs must treat all parties equally unless otherwise ordered by the court.

Citation
masaka mussa vs rogers andrew lumenyela and two others 2022 tzhc 14362 27 october 2022
Parties
Applicant: Masaka Mussa; 1st Respondent: Rogers Andrew Lumenyela; 2nd Respondent: Kigoma/Ujiji Municipal Council; 3rd Respondent: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2022
Procedural Posture
Civil Reference / Ruling
Outcome
application granted
Legal Topics
Jurisdiction During Appeal, Apportionment of Costs, Instruction Fees, Contingency Fees
Source Language
English
Civil Procedure Taxation of Costs Jurisdiction During Appeal Apportionment of Costs Instruction Fees Contingency Fees

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Parties

Masaka Mussa

Applicant

Rogers Andrew Lumenyela

1st Respondent

Kigoma/Ujiji Municipal Council

2nd Respondent

Hon. Attorney General

3rd Respondent

Procedural Posture

Civil Reference / Ruling

Legal Issues

  1. 1 Whether the taxing officer had jurisdiction to tax the bill of costs during a pending appeal
  2. 2 Whether the apportionment of liability among parties was correct
  3. 3 Whether the award of instruction fees based on the decretal sum was legal

Ratio Decidendi

Taxation of the bill of costs during a pending appeal is not permitted as the court lacks jurisdiction; the award of instruction fees based on the decretal sum constitutes illegal contingency fees; apportionment of costs must treat all parties equally unless otherwise ordered by the court.

Court Disposition

application granted

Orders

  • Ruling of the taxing officer vacated and set aside
  • Costs to follow the event