20001208 TZHC Musoma

20001208 TZHC Musoma

The District Court was under no obligation to award costs to the appellant as there was no prayer for costs, no evidence of costs incurred, and no enabling provision in the Criminal Procedure Act, 1985 to support such an order in these circumstances.

Citation
20001208 TZHC Musoma
Parties
Appellant: Sigirya Nyansaho; Respondent: Muchuma Turuya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2000
Procedural Posture
Miscellaneous Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs in Objection Proceedings, Attachment of Property, Award of Costs
Source Language
English
Criminal Procedure Costs in Objection Proceedings Attachment of Property Award of Costs

Case Brief

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Parties

Sigirya Nyansaho

Appellant

Muchuma Turuya

Respondent

Procedural Posture

Miscellaneous Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court erred in not awarding costs to the appellant after successful objection to attachment of cattle

Ratio Decidendi

The District Court was under no obligation to award costs to the appellant as there was no prayer for costs, no evidence of costs incurred, and no enabling provision in the Criminal Procedure Act, 1985 to support such an order in these circumstances.

Court Disposition

appeal dismissed