John Paul Shibuda and Another versus Nordox Industries As; Civil Application No 171 of 2015: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Court of Appeal Rules
- Security for costs-application for security for costs in the Court of Appeal of Tanzania- What are the relevant provisions?
- Enabling provisions-what is the enabling provision for an application of security for costs?
- Enabling provision –what is enabling provision where no specific Rule is provided in the Rules?
- Enabling provision –failure to cite relevant provision-Effect
Held:-
(i) Under Rule120 (1) of the Court of Appeal Rules, for any civil appeal, the appellant is required to deposit for costs amounting to Tanzanian shillings two thousand. This means that the Respondent may under Rule 120(3) of the Rules request the court to consider increasing the amount of security for costs.
(ii) In an application for an order for deposit of security for costs the applicants have to cite Rule 120(3) of the Court of Appeal Rules as the enabling Rule.
(iii) Enabling provision where there is no specific provision given to cater for the situation is Rule 4(2) of the Rules.
(iv) Where a party fails to cite the relevant provision of the law that is applicable to the type of remedy he/she is asking the Court grant the court has to strike out the application.