mohamed sifa vs ayubu rashid 2006 tzhc 280 11 july 2006

Due to fundamental flaws and irregularities in the proceedings below, which were not the fault of either party, fairness and equity require that each party bear its own costs.

Citation: mohamed sifa vs ayubu rashid 2006 tzhc 280 11 july 2006
Parties: Applicant: Mohamed Sifa; Respondent: Ayubu Rashid
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 July 2006
Procedural Posture: Miscellaneous Civil Application / Ruling
Outcome: application allowed
Legal Topics: Costs, Appeals, Denovo Hearing
Source Language: English

Civil Procedure Costs Appeals Denovo Hearing

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Mohamed Sifa

Applicant

Ayubu Rashid

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

1 Whether the order for costs in the prior appeal should be modified so that each party bears its own costs

Ratio Decidendi

Due to fundamental flaws and irregularities in the proceedings below, which were not the fault of either party, fairness and equity require that each party bear its own costs.

Court Disposition

application allowed

Orders

The impugned order for costs is set aside.
Each party to bear its own costs in both the appeal and the instant application.