saving finance ltd sd magai receiver manager fishpak t ltd under receivership another 2005 tzhccomd 15 3 march 2005

saving finance ltd sd magai receiver manager fishpak t ltd under receivership another 2005 tzhccomd 15 3 march 2005

The Taxing Master properly exercised discretion in taxing the instruction fee at T.shs 3,000,000 based on the liquidated amount claimed and the nature of the application. There was no misdirection or manifest excess, and the reduction from T.shs 7,000,000 to T.shs 3,000,000 was justified.

Citation
saving finance ltd sd magai receiver manager fishpak t ltd under receivership another 2005 tzhccomd 15 3 march 2005
Parties
Applicant Advocate: MS Hamida Hassan Sheikh; 1st Respondent: S.D. Magai - Receiver/Manager Fishpak (T) Limited (Under Receivership); 2nd Respondent: Registrar of Companies
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 March 2005
Procedural Posture
Reference Under Advocates Remuneration and Taxation of Costs Rules / Ruling on Reference Against Taxation of Instruction Fees
Outcome
Application dismissed with costs
Legal Topics
Taxation of Costs, Instruction Fees, Receivership, Winding Up Petition
Source Language
English
Civil Procedure Company Law Costs and Taxation Taxation of Costs Instruction Fees Receivership Winding Up Petition

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Parties

MS Hamida Hassan Sheikh

Applicant Advocate

S.D. Magai - Receiver/Manager Fishpak (T) Limited (Under Receivership)

1st Respondent

Registrar of Companies

2nd Respondent

Procedural Posture

Reference Under Advocates Remuneration and Taxation of Costs Rules / Ruling on Reference Against Taxation of Instruction Fees

Legal Issues

  1. 1 Whether the instruction fee taxed by the Taxing Master was exorbitant and contrary to the rules
  2. 2 Whether the Taxing Master exercised proper discretion in taxing the instruction fee

Ratio Decidendi

The Taxing Master properly exercised discretion in taxing the instruction fee at T.shs 3,000,000 based on the liquidated amount claimed and the nature of the application. There was no misdirection or manifest excess, and the reduction from T.shs 7,000,000 to T.shs 3,000,000 was justified.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.