20170609 TZHC Arusha

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [IN THE DISTRICT REGISTRY] AT ARUSHA CIVIL REFERENCE NO 7 OF 2016 (C/FArusha Resident Magistrate Court Taxation No 11 of 2016} ZAKAYO ELLY MNDEME ........................................ 1 sT APPLICANT ELIS COMPANY LIMITED .................................... 2No APPLICANT EDPAC COMPANY LIMITED .................................... ·3Ro APPLICANT VERSUS JEREMIAH NGUGI GITHINGJI ............................... RESPONDENT RULING S.M.MAGHIMBI, J The applicants filed the present'application under Order 7(1), (2) and (3) of the Advocates Remuneration Order, 2015.The order being sought for ' are:- (a) That the honourable court be pleased to review the decision of the taxing officer allow the reference and set aside the decision. (b) Cost of this application is provided for. 1 . On the 4th October, 2016 the respondent filed notice of preliminary objection that:- 1. The application is incompetent for being time barred. 2. The application is incompetent for lack of the name of the drawer and for being supported by incurably defective affidavit for lack of the name of the drawer. The applicants were unrepresented while the respondent was represented by Mr. Kimay learned Advocate. On the 1th October, 2016 this court ordered the Preliminary objections to be disposed of by the way of written submissions. The respondent was required to file his submission on or by 20/10/2016, reply by the applicant by 03/11/2016 and rejoinder if any to be filed by 23/11/2016. Only the respondent complied with the scheduling order and filed his submission respectively hence the ruling shall proceed ex-parte of the applicants. Arguing on the first point of preliminary objection Mr. Kimay submitted that the applicant's application is filed out of time contrary to Order 7 (2) of the Advocate Remuneration Order, 2015 G.N No. 264 of 2015 which requires the application for reference to be instituted in court within twenty one (21) days from the date of the decision. It is evident on record that the ruling that the reference is sought for was delivered on 1ith day of August, 2016 and the applicant filed this application on 15th day of September, 2016 which is beyond 21 days prescribed by the law hence time barred. Having sustained the first preliminary point of objection, I see no reason to dwell on the second preliminary point of objection. 2 For the reason that the application before is time barred, it is hereby dismissed with costs. Application Dismissed. Date at Arusha 09th day of June 2017. SGD:S.M.MAGHIMBI JUDGE 09/6/2017 COURT: Ruling is delivered in court in the presence of Mr. Kessy learned counsel holding brief of Mr. Kimay (Advocate) for the respondent and in the absence of the applicants, this 09 th day of June, 2017. SGD: S.M. MAGHIMBI JUDGE 09/6/2017 - Right of Appeal is explained. SGD: S.M.MAGHIMBI JUDGE 09/6/2017 I hereby certify this to be a true copy of the original. i DEPUTY REGISTRAR HIGH COURT - ARUSHA 3 ;~tjo