20000626 TZHC Arusha

20000626 TZHC Arusha

The instruction fees claimed were excessive and not justified by the complexity of the case or the work done, especially since the main suit did not proceed to hearing. The Taxing Master is bound by statutory limits and must ensure costs are reasonable. The Bill of Costs was taxed down accordingly.

Citation
20000626 TZHC Arusha
Parties
Judgment Debtor/respondent: KIMINADA MINERAL CORPORATION LTD.; Decree Holder/applicant: NBC HOLDING CORPORATION
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 2000
Procedural Posture
Taxation Cause / Ruling on Bill of Costs
Outcome
Bill of Costs taxed and reduced
Legal Topics
Taxation of Costs, Instruction Fees, Advocates Remuneration
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Instruction Fees Advocates Remuneration

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Parties

KIMINADA MINERAL CORPORATION LTD.

Judgment Debtor/respondent

NBC HOLDING CORPORATION

Decree Holder/applicant

Procedural Posture

Taxation Cause / Ruling on Bill of Costs

Legal Issues

  1. 1 Whether the instruction fees and other costs claimed in the Bill of Costs are reasonable and in accordance with the law

Ratio Decidendi

The instruction fees claimed were excessive and not justified by the complexity of the case or the work done, especially since the main suit did not proceed to hearing. The Taxing Master is bound by statutory limits and must ensure costs are reasonable. The Bill of Costs was taxed down accordingly.

Court Disposition

Bill of Costs taxed and reduced

Orders

  • Instruction fees for main suit taxed at shs. 500,000/=
  • Instruction fees for chamber application taxed at shs. 200,000/=