Prosecutor-General v Namoloh [2020] NASC 29 (19 August 2020)

Prosecutor-General v Namoloh [2020] NASC 29 (19 August 2020)

Objections to items 31(3) and 31(4) were not properly raised and cannot be considered. Item 31(1) should have been taxed according to the tariff, resulting in a reduction. The Taxing Master acted within his discretion regarding item 31(5). Counsel's fees are taxable under the rules.

Source-derived case information.

Citation
[2020] NASC 29
Parties
Applicant: Dietmar Dannecker; First Respondent: Leopard Tours Car and Camping Hire CC; Second Respondent: Barbara Hausner; Third Respondent: Manfred Hausner
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
19 August 2020 17 September 2020 19 August 2020
Procedural Posture
Review of Taxing Master's Allocatur / Judgment on Review
Outcome
Review partially succeeds
Legal Topics
Taxation of Costs, Legal Practitioners' Fees, Review of Taxing Master's Decision
Source Language
english
Civil Procedure Costs Taxation of Costs Legal Practitioners' Fees Review of Taxing Master's Decision

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Parties

Dietmar Dannecker

Applicant

Leopard Tours Car and Camping Hire CC

First Respondent

Barbara Hausner

Second Respondent

Manfred Hausner

Third Respondent

Procedural Posture

Review of Taxing Master's Allocatur / Judgment on Review

Legal Issues

  1. 1 Whether the Taxing Master erred in allowing fees for instructed counsel under items 31(1) and 31(5) of the bill of costs
  2. 2 Whether objections to items 31(3) and 31(4) were properly raised
  3. 3 Whether counsel's fees are taxable under the rules

Ratio Decidendi

Objections to items 31(3) and 31(4) were not properly raised and cannot be considered. Item 31(1) should have been taxed according to the tariff, resulting in a reduction. The Taxing Master acted within his discretion regarding item 31(5). Counsel's fees are taxable under the rules.

Court Disposition

Review partially succeeds

Orders

  • The review succeeds in respect of item 31(1) of the bill of costs, which is taxed down to N$17,850.
  • The Taxing Master's allocatur is set aside and substituted with taxed and allowed in the amount N$83,435.60.