20020102 TZHC Dar es Salaam

20020102 TZHC Dar es Salaam

The new Bill of Costs was improper as the High Court had remitted only the assessment of instruction fees on the basis of the annual rent of the suit premises; all other items remained as previously taxed. The instruction fees were assessed at TZS 500,000 as fair and reasonable.

Citation
20020102 TZHC Dar es Salaam
Parties
Appellant/1st Decree Holder: Inter Engineering Company Ltd.; Appellant/2nd Decree Holder: G.B. Lugendo; Respondent/1st Judgment Debtor: Angela Kunti; Respondent/2nd Judgment Debtor: Christopher Marwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 January 2002
Procedural Posture
Miscellaneous Civil Appeal / Taxation of Bill of Costs Following Remittal From High Court
Outcome
New Bill of Costs rejected and struck off; instruction fees assessed at TZS 500,000 on the original Bill of Costs.
Legal Topics
Bill of Costs, Instruction Fees, Remittal Orders, Taxation Procedure
Source Language
English
Civil Procedure Costs and Taxation Bill of Costs Instruction Fees Remittal Orders Taxation Procedure

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Parties

Inter Engineering Company Ltd.

Appellant/1st Decree Holder

G.B. Lugendo

Appellant/2nd Decree Holder

Angela Kunti

Respondent/1st Judgment Debtor

Christopher Marwa

Respondent/2nd Judgment Debtor

Procedural Posture

Miscellaneous Civil Appeal / Taxation of Bill of Costs Following Remittal From High Court

Legal Issues

  1. 1 Whether a new Bill of Costs could be filed after remittal for assessment of instruction fees only
  2. 2 Proper basis for assessing instruction fees after High Court order

Ratio Decidendi

The new Bill of Costs was improper as the High Court had remitted only the assessment of instruction fees on the basis of the annual rent of the suit premises; all other items remained as previously taxed. The instruction fees were assessed at TZS 500,000 as fair and reasonable.

Court Disposition

New Bill of Costs rejected and struck off; instruction fees assessed at TZS 500,000 on the original Bill of Costs.

Orders

  • Each party to bear own costs in the rejected Bill of Costs.
  • Instruction fees in Item 1 taxed at TZS 500,000.