20040910 TZHC Dar es Salaam

20040910 TZHC Dar es Salaam

The Taxing Master erred in law by treating perusal fees as part of instruction fees and by applying Schedule XI instead of Schedule IX for instruction fees in a claim for a liquidated sum. The reference is allowed to the extent of correcting these errors and remitting the matter to the Taxing Master with specific directions.

Citation
20040910 TZHC Dar es Salaam
Parties
Applicant: Kalunga and Company Advocate; Respondent: National Bank of Commerce Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 September 2004
Procedural Posture
Civil Reference / Ruling on Reference Against Taxation of Costs
Outcome
Reference partly allowed and matter remitted to Taxing Master with directions.
Legal Topics
Taxation of Costs, Advocate Remuneration, Interpretation of Statutory Rules
Source Language
English
Civil Procedure Legal Profession Taxation of Costs Advocate Remuneration Interpretation of Statutory Rules

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Parties

Kalunga and Company Advocate

Applicant

National Bank of Commerce Ltd

Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Taxation of Costs

Legal Issues

  1. 1 Whether the Taxing Master erred in law by treating perusal fees as part of instruction fees
  2. 2 Whether the correct schedule was applied in taxing instruction fees for defending a claim for damages
  3. 3 Whether the Taxing Master exercised discretion judiciously in awarding instruction fees

Ratio Decidendi

The Taxing Master erred in law by treating perusal fees as part of instruction fees and by applying Schedule XI instead of Schedule IX for instruction fees in a claim for a liquidated sum. The reference is allowed to the extent of correcting these errors and remitting the matter to the Taxing Master with specific directions.

Court Disposition

Reference partly allowed and matter remitted to Taxing Master with directions.

Orders

  • Taxing Master to tax perusal fees as a separate item.
  • Instruction fees to be taxed under Schedule IX of GN 515 of 1991.