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Tanzania decisions
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The application was filed beyond the prescribed limitation period of 21 days and no extension of time was sought; therefore, it must be dismissed with costs.
Source excerpt
The applicant demonstrated sufficient cause for delay, as the failure to attach the order awarding costs was due to the trial court's failure to provide it in time, and there is no legal requirement under the Advocates Remuneration Order to attach such order to the Bill of Costs. The delay was not inordinate and was excusable. Alleged illegality in the trial court's decision further justified extension of time.
Source excerpt
The procedural defect in filing the reference by notice of motion without affidavit was not fatal and could be cured by the overriding objective principle. Substantively, the applicant failed to prove substantial loss or provide valid security for due performance, as the house offered as security was not his. The single Justice's decision was correct and did not warrant appellate interference.
Source excerpt
The High Court dismissed a civil reference, holding that Order XLI rule 1 does not permit reference of interlocutory rulings already decided by the trial court.
The Court held that, although the general rule is that revision cannot be used as an alternative to appeal where an appeal lies, the present case presents arguably exceptional circumstances due to confusion in the execution process between the Deputy Registrar and the Judge. Therefore, the preliminary objection is dismissed and the matter should proceed to hearing.
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The High Court struck out a reference against taxation of costs as time barred, holding it was filed outside the 21-day limit and no extension was sought.
The High Court dismissed a reference challenging a Deputy Registrar’s ruling, holding it lacked jurisdiction because the order was interlocutory and the supporting affidavit was defective.
The High Court dismissed a reference application challenging a Deputy Registrar’s execution ruling, holding that a High Court decision cannot be referred back to itself.
The High Court Labour Division upheld a preliminary objection, holding it lacked jurisdiction to entertain a reference against a Deputy Registrar’s ruling.
The Taxing Officer acted ultra vires by striking out the Bill of Costs for want of prosecution; the law requires taxation to proceed ex parte in absence of parties, and the order striking out is a decision amenable to reference.
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