REFERENCE no 18399 SCANNED

REFERENCE no 18399 SCANNED

The application was served on the 1st respondent after the seven-day period mandated by Order 7(3) of the Advocates Remuneration Order, 2015. This contravention of a mandatory procedural requirement renders the application incompetent and necessitates its striking out.

Citation
REFERENCE no 18399 SCANNED
Parties
Applicant: Saidi Ally Shamte; 1st Respondent: Awadh Hassan Nywesha; 2nd Respondent: Shabani Mbegani; 3rd Respondent: Kelvin Nicholas; 4th Respondent: Samwel Makoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2004
Procedural Posture
Reference Application / Ruling on Preliminary Objection
Outcome
application struck out as incompetent
Legal Topics
Service of Process, Time Limits, Competence of Application, Taxation of Costs
Source Language
English
Civil Procedure Costs and Taxation Service of Process Time Limits Competence of Application Taxation of Costs

Case Brief

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Parties

Saidi Ally Shamte

Applicant

Awadh Hassan Nywesha

1st Respondent

Shabani Mbegani

2nd Respondent

Kelvin Nicholas

3rd Respondent

Samwel Makoye

4th Respondent

Procedural Posture

Reference Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve the reference application within seven days renders it incompetent
  2. 2 Whether a reference can be filed against a decision striking out a bill of costs on technical grounds

Ratio Decidendi

The application was served on the 1st respondent after the seven-day period mandated by Order 7(3) of the Advocates Remuneration Order, 2015. This contravention of a mandatory procedural requirement renders the application incompetent and necessitates its striking out.

Court Disposition

application struck out as incompetent

Orders

  • Application struck out with no order as to costs