tanzidia assurance co ltd vs rabco t ltd 2008 tzhccomd 7 16 july 2008

tanzidia assurance co ltd vs rabco t ltd 2008 tzhccomd 7 16 july 2008

The taxing master has wide discretion under Section 30(1) of the Civil Procedure Act to depart from the prescribed scales in taxing costs, provided the discretion is exercised judiciously and not on wrong principles. The amounts taxed, including the doubling of the instruction fee and other items, were within the taxing master's discretion and not manifestly excessive or unreasonable.

Citation
tanzidia assurance co ltd vs rabco t ltd 2008 tzhccomd 7 16 july 2008
Parties
Decree Holder: Tanzindia Assurance Company Limited; Decree Debtor: Rabco Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 July 2008
Procedural Posture
Reference Against Taxing Master's Decision / Ruling on Reference
Outcome
Reference dismissed; taxing master's decision upheld.
Legal Topics
Taxation of Costs, Discretion of Taxing Master, Interpretation of Costs Rules
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Discretion of Taxing Master Interpretation of Costs Rules

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Parties

Tanzindia Assurance Company Limited

Decree Holder

Rabco Tanzania Limited

Decree Debtor

Procedural Posture

Reference Against Taxing Master's Decision / Ruling on Reference

Legal Issues

  1. 1 Whether the taxing master had discretion to depart from prescribed scales in taxing costs
  2. 2 Whether the taxed amounts were excessive or contrary to law

Ratio Decidendi

The taxing master has wide discretion under Section 30(1) of the Civil Procedure Act to depart from the prescribed scales in taxing costs, provided the discretion is exercised judiciously and not on wrong principles. The amounts taxed, including the doubling of the instruction fee and other items, were within the taxing master's discretion and not manifestly excessive or unreasonable.

Court Disposition

Reference dismissed; taxing master's decision upheld.

Orders

  • Bill of costs as taxed at Shs 16,092,330/= is confirmed.