19920626 TZHC Dar es Salaam 1

The decree holder retains the right to argue and recover costs from the judgment debtor, even after the advocate's death, and may be represented by a principal officer or duly appointed person.

Citation: 19920626 TZHC Dar es Salaam 1
Parties: Judgment Debtor: National Bank of Commerce; Decree Holder: Manzania Cigarette Company Ltd.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 June 1992
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: preliminary objection overruled
Legal Topics: Taxation of Costs, Representation After Advocate's Death
Source Language: English

Civil Procedure Taxation of Costs Representation After Advocate's Death

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

National Bank of Commerce

Judgment Debtor

Manzania Cigarette Company Ltd.

Decree Holder

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether a bill of costs can be argued by a person other than the advocate on record after the advocate's death
2 Whether the decree holder can recover costs from the judgment debtor after the advocate's death

Ratio Decidendi

The decree holder retains the right to argue and recover costs from the judgment debtor, even after the advocate's death, and may be represented by a principal officer or duly appointed person.

Court Disposition

preliminary objection overruled

Orders

Mr. Tamba has locus standi to represent the decree holder for taxation of costs
Taxation of costs to proceed with proof of recoverable expenses