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Tanzania decisions
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The High Court rejected a taxation reference, holding that the Ninth Schedule did not apply to this land dispute and that the taxed instruction fee was lawful.
Taxation ruling on a bill of costs from a nuisance appeal, fixing instruction fees, attendance charges, disbursements, and denying taxation costs under Order 48.
A reference to the High Court is not competent against an interlocutory order of the taxing master dismissing a bill of costs for want of prosecution; only final decisions determining parties' rights are referable under Order 7(1).
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The applicant demonstrated sufficient cause for the delay, which was due to technical changes in the court's electronic filing system and not due to lack of diligence. The applicant pursued the matter diligently and the delay was excusable as a technical delay. The application is meritorious and the extension of time is granted.
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The bill of costs was filed 22 days after the expiry of the prescribed 60-day period without leave, rendering the tribunal without jurisdiction to tax it; thus, the proceedings and ruling were a nullity.
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The application for arrest and detention of the judgment debtor as a civil prisoner was dismissed because the decree holder failed to demonstrate that other modes of execution had been exhausted and did not establish the conditions required under Order XXI Rule 39(2) of the Civil Procedure Code.
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The High Court granted an extension of time after finding sufficient cause for delayed filing, relying on network problems in the court system and interest of justice.
The High Court dismissed an application to extend time for filing a reference against a taxing officer’s decision, finding the delay inordinate and unsupported.
Applicants were afforded opportunity to be heard but refused or absconded; only remaining parties are liable for costs; respondents substantiated claims with documentary evidence; Tribunal exercised discretion judiciously and properly taxed costs.
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The bill of costs was filed beyond the prescribed period as the applicant failed to prove a written request for certified copies, so automatic exclusion of time does not apply. Preliminary objection on jurisdiction was properly raised and the applicant was afforded the right to respond.
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