Mohamed Salimini versus Jumanne Omary Mapesa; Civil Application No. 4 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported).
- Taxation
- Cost –Cost of application when awardable?
Held:-
As a general rule, costs are awarded at the discretion of the court. But the discretion is judicial and has to be exercised upon established principles, and not arbitrarily or capriciously. One of the established principles is that costs would usually follow the event unless there are reasonable grounds for depriving a successful party of these costs. A successful party could lose his costs if the said costs were incurred improperly or without reasonable cause or by the misconduct of the party or his advocate. The list is not exhaustive each case would be dictated by its own set of circumstances.