shahista adams vs jitesh jayantilal walji ladwa another 2022 tzhclandd 119 22 february 2022

shahista adams vs jitesh jayantilal walji ladwa another 2022 tzhclandd 119 22 february 2022

The Taxing Master erred by applying the scale for liquidated sums to a land dispute and failed to exercise discretion under Order 12(1) of the Remuneration Order. The taxed instruction fees were excessive given the case's lack of complexity and early resolution. The taxed amount is reduced to what is reasonable in the circumstances.

Citation
shahista adams vs jitesh jayantilal walji ladwa another 2022 tzhclandd 119 22 february 2022
Parties
Applicant/judgment Debtor: Shahista Adams; Respondent/decree Holder: 3itesh Jayantilal Waiu Ladwa; 2nd Respondent/decree Holder: Houses and Homes Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 February 2022
Procedural Posture
Civil Reference / Ruling on Reference Against Taxation of Bill of Costs
Outcome
Application allowed in part
Legal Topics
Taxation of Costs, Advocate Remuneration, Instruction Fees, Discretion of Taxing Master
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Advocate Remuneration Instruction Fees Discretion of Taxing Master

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Parties

Shahista Adams

Applicant/judgment Debtor

3itesh Jayantilal Waiu Ladwa

Respondent/decree Holder

Houses and Homes Limited

2nd Respondent/decree Holder

Procedural Posture

Civil Reference / Ruling on Reference Against Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the Taxing Master erred in computation of professional fees based on the value of the subject matter
  2. 2 Whether the taxed amount was excessive and unjustifiable
  3. 3 Whether EFD receipts or vouchers are mandatory for proof of instruction fees

Ratio Decidendi

The Taxing Master erred by applying the scale for liquidated sums to a land dispute and failed to exercise discretion under Order 12(1) of the Remuneration Order. The taxed instruction fees were excessive given the case's lack of complexity and early resolution. The taxed amount is reduced to what is reasonable in the circumstances.

Court Disposition

Application allowed in part

Orders

  • Instruction fees reduced from TZS 18,000,000 to TZS 5,000,000
  • Total bill of costs reduced to TZS 5,710,000