20120912 TZHC Arusha

IN THE HIGH COURT OF TANZANIA AT ARUSHA BILL OF COSTS NO. 10 OF 2011 (ORIGINATING FROM HIGH COURT ARUSHA MISC. CIVIL APPLICATION NO.74 OF 2010) UDANGWENGA BAYAYLULIl KISAKA & 15 0TH ERS --------------i---------------------------D / HOLDER VERSUS HALIMASHAURI YA Klllll CHA VILIMA VITATU& ANOTHER ---------------------l/DEBTORS RULING The applicants Udanghwenga Bayayluli Kisaka and 15 others through the service of counsel Materu presented their bill which ·' comprises of 31 items. ! The Respondent Halimashauri ya Kijiji cha Vilima Vitatu and Jumuiya ya Hifadhi ya Wanyama Pori Barunge were served but did not enter appearance without any reason advanced. In the course of Taxation counsel for the applicant Mr. Materu pray the bill to be taxed as presented because there is no objection . . I have gone through the record of Misc. application No.24 of 2010 together with the main suit between the same parties, it is true that in Misc. Application No.24 of 2010 the applicants were awarded costs but the main suit land case No.31/2009 is still pending for the determination of the Court of Appeal to wit as to the decision in Civil Appeal No.64 of 2010 Milcah Kalondu Mrema vrs. Felix Christopher 1 Mrema Justices of Appeal made it clear that once a notice of Appeal has been lodged to the Court of Appeal the High Court ceases to have jurisdiction over the same matter. Even though there is no appeal as regards this application but due to the fact that applications arose out of main suit, I find to have no jurisdiction in respect of this bill hence the bill is hereby struck out. R/R explained. G. Herbert DISTRICT REGISTRAR 29/8/2012 12/9/2012 Coram: C. Magesa, Ag. DR D/Holder- For the D/Holder - Materu Advocate J/Debtor: Absent For J/Debtor: B/C Court: the matter is coming for delivering of ruling. The same is delivered in presence of Mr. Materu Counsel for the Applicant. Respondent Absent. C. Magesa AG. DISTRICT REGISTRAR 12/09/2012 l hereby certify this to be a 2