19730530 TZHC Mwanza
Once judgment is passed, the successful party is entitled to reimbursement of court fees and broker's charges paid for execution, in addition to the decretal amount.
Source-derived case information.
- Citation
- 19730530 TZHC Mwanza
- Parties
- Appellant: Sindano; Respondent: Fustace Rwezaula
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 May 1973
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Recovery of Court Fees, Execution of Decree, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sindano
Appellant
Fustace Rwezaula
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the successful party is entitled to recover court fees and broker's fees paid to execute a decree
Ratio Decidendi
Once judgment is passed, the successful party is entitled to reimbursement of court fees and broker's charges paid for execution, in addition to the decretal amount.
Court Disposition
appeal allowed
Orders
- Orders of lower courts set aside
- Respondent to pay all costs to appellant including costs of this appeal and both lower courts
Full Case Text
Judgment text and source record
1 paragraphs
MWO 7, • /\ IN THF HIGH COURT OF TANZANIA AT MANZA.-, APPFLLATF JURISDICTION -.---- (pc) CIVIL APPIAL NO, 138 OF 1 97 1 - (From the decision of the District Court of Bukoba at Bukoba in Civil Appeal No. 162 of 1971 - Before J. L. Mboneko sq; District Magistrate and Nyakato Primary Court Civil Case No. 9 of 1971) SINDANO •...... •.. ......... 00 000• ••••••• ... ..APPH'LLANT (Original Plaintiff) ver siis FUSTACF RVFZAULA.. SS • •• ••0 * 00• *00* •.• • .............. . .. •. RFSPONDTT (Original Defendant) iJ D G M F N T. Patel, J. This is second appeal and it concerns recovery of court fees paid'by appellant to execute decree of Primary Court and Court Broker's fees, Both the lower courts held that it cannot be claimed and have this appeal. In his memorandum of appeal the appellant states that the District Magistrate was wrong in not awarding him court fees lawfuly paid by him and duly collected by Court Clerk. He went on to say that as a successful par'r he had a right to execute the decree and he paid court fees to have it done and ho has a right to claim this sum so paid in addition to the original debt sum claimed by him. Having gone through the record carefully I am of the view that both the lover erred in disallowing appellant's claim. Once the judgment is passed, the successful party has an •inhereht right to have the decree executed and any court fees and court brckerb charges paid by him have to be roimbused to him by the unsuccessful party in S addition to the decrotal amount. For these reasons this appeal is allowed. Orders of lower courts are set aside and it is further ordered that the respondent will pay all costs to the appellant that is not only costs of this appeal but also costs of both the lower courts. Mwanza 0 J. B. Patel) 30th May, 1973- JUDGE. /