VIJAY SHANTILAL CHOHAN V.ABDUL SHAKULE HALDAY & ILALA MUNICIPAL COUNCIL, COURT OF APPEAL OF TANZANIA [2017]

Sh 10,500.00

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Description

Costs to follow the event when the court does not direct the costs to follow the events- advocate to pay costs- Section 30(1) and (2) Civil Procedure Code CAP 33 R.E 2002.

 

  • It is now settled law that costs follow the events. Section 30(1) of the Civil Procedure Code CAP 33 R.E 2002 gives discretion to the court to grant or not to grant costs.

 

  • Subsection (2) of section 30 of the CPC, however, requires that if the court does not direct costs to follow the event, then it has to give its reasons in writing.

 

  • The Court cannot condemn an advocate to pay costs for negligence without giving him/her an opportunity to be heard.