The IG of Police, Clerk of the National Assembly & Minister of Finance ex-parte MM & 18 others (Judicial Review Cause 7 of 2020) [2021] MWHC 48 (6 August 2021)

The IG of Police, Clerk of the National Assembly & Minister of Finance ex-parte MM & 18 others (Judicial Review Cause 7 of 2020) [2021] MWHC 48 (6 August 2021)

Five counsel allowed due to number of applicants and complexity; care and conduct pegged at 100% due to exceptional circumstances; instruction fee reduced to K10,000,000 per counsel as claimed amount was excessive.

Citation
[2021] MWHC 48
Parties
Applicants: MM & 18 Others; 1st Respondent: Inspector General of Police; 2nd Respondent: Clerk of the National Assembly; 3rd Respondent: Minister of Finance
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
6 August 2021
Case Number
Judicial Review Cause 7 of 2020
Procedural Posture
Judicial Review / Assessment of Costs
Outcome
Bill of Costs taxed and allowed at MWK255,684,112.00
Legal Topics
Costs Assessment, Instruction Fee, Care and Conduct, Fee Earners
Source Language
English

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Parties

MM & 18 Others

Applicants

Inspector General of Police

1st Respondent

Clerk of the National Assembly

2nd Respondent

Minister of Finance

3rd Respondent

Procedural Posture

Judicial Review / Assessment of Costs

  1. 1 Number of fee earners entitled to costs
  2. 2 Appropriate percentage for care and conduct
  3. 3 Quantum of instruction fee

Ratio Decidendi

Five counsel allowed due to number of applicants and complexity; care and conduct pegged at 100% due to exceptional circumstances; instruction fee reduced to K10,000,000 per counsel as claimed amount was excessive.

Court Disposition

Bill of Costs taxed and allowed at MWK255,684,112.00

Orders

  • Bill of Costs taxed at MWK255,684,112.00 payable to the Applicants' counsel.