Mbuzi v Murray

The case of Mbuzi v Murray involved the applicant, Mbuzi, seeking judicial review against the Registrar of the State Penalties Enforcement Registry (SPER) over the issuance of notices intended to suspend Mbuzi's driver's licence due to unpaid fines. Mbuzi succeeded in an interlocutory application to revoke the notice of suspension and two enforcement orders upon which it was based. The matter came before the court to determine whether Mbuzi was entitled to costs incurred during the interlocutory proceedings.

The legal issue before the court was whether Mbuzi, having successfully obtained interlocutory relief, was entitled to costs from Murray, the respondent. This question hinged on whether the relief obtained by Mbuzi warranted an award of costs, despite the absence of a final determination on the merits of the case.

The court found that Mbuzi was entitled to costs, subject to the limitation that the costs related specifically to the relief obtained in paragraphs 1 and 2 of the order made on 23 April 2010. The court ordered that Murray must pay Mbuzi’s costs of the application filed on 15 April 2010 to and including the hearing on 23 April 2010, including the costs reserved on 16 April 2010, to be assessed. This ruling acknowledged the successful interim relief obtained by Mbuzi, justifying an award of costs in the interlocutory proceedings.