bryceson mwambope vs simina ikenda 2021 tzhc 9237 14 december 2021

bryceson mwambope vs simina ikenda 2021 tzhc 9237 14 december 2021

The Taxing Officer erred in awarding instruction fees above the statutory maximum without giving reasons, and in awarding costs for preparation of the bill of costs without a prayer or proof. These sums are taxed off. Attendance, transport, and disbursement costs are upheld as properly taxed.

Citation
bryceson mwambope vs simina ikenda 2021 tzhc 9237 14 december 2021
Parties
Applicant/judgment Debtor: Bryceson Mwambope; Respondent/decree Holder: Simina Ikenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2021
Procedural Posture
Civil Reference / Ruling on Reference Against Taxation of Costs
Outcome
Partly allowed
Legal Topics
Taxation of Costs, Advocates Remuneration, Judicial Review of Taxing Officer
Source Language
English
Civil Procedure Taxation of Costs Advocates Remuneration Judicial Review of Taxing Officer

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Parties

Bryceson Mwambope

Applicant/judgment Debtor

Simina Ikenda

Respondent/decree Holder

Procedural Posture

Civil Reference / Ruling on Reference Against Taxation of Costs

Legal Issues

  1. 1 Whether the Taxing Officer erred in awarding instruction fees above the statutory maximum without reasons
  2. 2 Whether the Taxing Officer erred in awarding costs for preparation of the bill of costs suo moto
  3. 3 Whether the attendance fees and other costs were properly taxed

Ratio Decidendi

The Taxing Officer erred in awarding instruction fees above the statutory maximum without giving reasons, and in awarding costs for preparation of the bill of costs without a prayer or proof. These sums are taxed off. Attendance, transport, and disbursement costs are upheld as properly taxed.

Court Disposition

Partly allowed

Orders

  • Sum of Tsh. 1,000,000/= for preparation of bill of costs taxed off
  • Sum of Tsh. 500,000/= from instruction fees taxed off