national bank of comm ltd vs desiree yvonne t ltd other 2008 tzhccomd 2 8 may 2008

national bank of comm ltd vs desiree yvonne t ltd other 2008 tzhccomd 2 8 may 2008

The bill of costs was filed after the expiry of the 60-day limitation period without leave of the court; therefore, the court has no jurisdiction to tax the bill and it must be dismissed.

Citation
national bank of comm ltd vs desiree yvonne t ltd other 2008 tzhccomd 2 8 may 2008
Parties
Decree Holder: Ally El-Maamry Esq advocates (for 2nd and 3rd Defendants, Decree Holders); Judgment Debtor: IMMA advocates (for Judgment Debtor)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 May 2008
Procedural Posture
Bill of Costs Taxation / Ruling on Preliminary Objection
Outcome
bill of costs dismissed
Legal Topics
Taxation of Costs, Limitation Period, Extension of Time
Source Language
English
Civil Procedure Taxation of Costs Limitation Period Extension of Time

Case Brief

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Parties

Ally El-Maamry Esq advocates (for 2nd and 3rd Defendants, Decree Holders)

Decree Holder

IMMA advocates (for Judgment Debtor)

Judgment Debtor

Procedural Posture

Bill of Costs Taxation / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the bill of costs was filed within the prescribed limitation period
  2. 2 Whether the court has jurisdiction to tax a bill of costs filed out of time without leave
  3. 3 Whether the court should extend time for filing the bill of costs

Ratio Decidendi

The bill of costs was filed after the expiry of the 60-day limitation period without leave of the court; therefore, the court has no jurisdiction to tax the bill and it must be dismissed.

Court Disposition

bill of costs dismissed

Orders

  • Objection upheld
  • Bill of costs dismissed for being filed out of time