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Tanzania decisions
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The High Court struck out a reference in execution proceedings, holding it was not properly before the court and that the supporting affidavit was fatally defective.
More than one sixth of the total amount of the bill of costs, exclusive of court fees, was disallowed; therefore, the Respondent was not entitled to the costs of such taxation as per Order 48 of the Advocates Remuneration Order.
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The High Court granted extension of time to file a reference against taxation, finding the applicants had not explained all delay but had raised an arguable illegality issue.
The High Court at Musoma dismissed an application to extend time to file a reference out of time, holding that the applicant failed to account for six days' delay.
The submission date via the electronic filing system is deemed the official filing date for purposes of limitation, thus the reference was filed within the prescribed period and is not time barred.
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The submission date is deemed the official filing date under the Electronic Filing Rules, thus the reference was filed within the prescribed time limit and is not time barred.
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The application was struck out for being omnibus, as it improperly combined references against two distinct applications, contrary to established legal principles requiring separate applications for distinct matters.
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The High Court held that a taxation master’s striking out of a taxation cause for non-appearance was a decision capable of reference, and overruled the preliminary objection.
The absence of formal notification to the parties regarding the date of delivery of the ruling constituted sufficient cause for the applicant's delay in filing Reference proceedings, justifying the grant of extension of time.
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Applicants accounted for the delay, acted diligently, and filed the application within a reasonable period after obtaining certified copies. The period spent waiting for certified copies is excluded by law. No inordinate delay was occasioned. Sufficient cause was established for extension of time.
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