19950217 TZHC Dodoma
The trial and appellate proceedings were a nullity as the proper authority for taxation was the District Registrar of the High Court, not the Primary or District Court.
Source-derived case information.
- Citation
- 19950217 TZHC Dodoma
- Parties
- Appellant: Omari s/o Saidi; Respondent: Zakaria Fidelisi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 February 1995
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- proceedings declared a nullity and set aside
- Legal Topics
- Taxation of Costs, Jurisdiction, Nullity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omari s/o Saidi
Appellant
Zakaria Fidelisi
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the Primary Court and District Court had jurisdiction to tax the Bill of Costs
- 2 Proper forum for taxation of costs arising from proceedings originating in the Primary Court and ending at the High Court
Ratio Decidendi
The trial and appellate proceedings were a nullity as the proper authority for taxation was the District Registrar of the High Court, not the Primary or District Court.
Court Disposition
proceedings declared a nullity and set aside
Orders
- Appellant at liberty to file taxation proceedings at the High Court
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
(PC) CIVIL APPEAL NOo 74 OF 1994 ( From the decision of the District Court of Kondoa at Kondoa in Civil Appeal Nqo 105 of 1993) OMARI-· SAIDI o •• ••••••• ". o ••• ••••• AI'pELLANT Versus ZAKARIA FIDELISI RESPONDI!,'NT JUDGEMANT MWALUSJUilYA., J: The appellant 0mari s/o Saidi lost at Mondo Primary Court in Kondoa District where he filed a Bill of Costs of shs. 458 1 000/= fer. faxation. Tne trial court held that he was not entitled to anythi~go Wnen he appealed to Kondoa District Court, the learned District Magistrate taxed the Bill of Costs at shs. 9,100/=. Aggrieved by :b.hat decision he has now appealed to t:1is courto In my considered view the trial and the subsequent appeal pr~ceedings are a L~llity. According to the Advocates Remuneration and Taxa,ti.on of Costs Rules GN. po. 515 f 1291, the taxation in this case should have been made by the District Registrar of the High Court of Tanzania at Dodoma. This is because the case in question started in a Primary court and it ended at the High Courto Therefore the Bill of Costs Should not have been filed in the Primary Court. Therefore the proceedings in the trial court and at the District Court are declared a nullity. I set aside those _proceedings. The appellant is at liberty to file taxation proceedings at the High Court. I make no order as to costs. Order accordingly. 17/2/1q95 •••••• /2 ... Court: Judgment to be.typed, cyclostyled and a copy be sent to Kondoa District Court for reading over to the parties. ( Jo MWALUSANYA) JUDGE . 17/2/1995 I certify that this is a true copy of the original 0 . ·: -\ (SaBo tUKEITELvJA) DISTRICT REGIST?.AR