ojiambo and company advocates v eashri taxation cause 2 of 2014 2016 eacj 125 26 may 2016

ojiambo and company advocates v eashri taxation cause 2 of 2014 2016 eacj 125 26 may 2016

The conduct of UHAI EASHRI, including participation in proceedings, signing affidavits, and facilitating travel and subsistence for Ojiambo & Company Advocates, implies retention and instructions for legal representation. The absence of a written remuneration agreement allows the advocate to file a Bill of Costs for taxation under Rule 113(2). The consultancy agreement with Milka Wahu Kuria is not relevant to the advocate-client relationship or taxation of costs in this cause.

Citation
ojiambo and company advocates v eashri taxation cause 2 of 2014 2016 eacj 125 26 may 2016
Parties
Applicant/respondent: Ojiambo & Company Advocates; Respondent/applicant: UHAI EASHRI
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
26 May 2016
Procedural Posture
Taxation Cause / Ruling on Application to Strike Out Bill of Costs
Outcome
Application to strike out Bill of Costs dismissed
Legal Topics
Advocate Client Relationship, Taxation of Costs, Amicus Curiae, Remuneration Agreements
Source Language
English
Civil Procedure Legal Costs Advocate Client Relationship Taxation of Costs Amicus Curiae Remuneration Agreements

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Parties

Ojiambo & Company Advocates

Applicant/respondent

UHAI EASHRI

Respondent/applicant

Procedural Posture

Taxation Cause / Ruling on Application to Strike Out Bill of Costs

Legal Issues

  1. 1 Whether Ojiambo & Company Advocates had instructions from UHAI EASHRI to represent them
  2. 2 Whether the Bill of Costs should be struck out due to lack of advocate-client relationship
  3. 3 Whether the consultancy agreement between UHAI EASHRI and Milka Wahu Kuria is relevant to taxation of costs

Ratio Decidendi

The conduct of UHAI EASHRI, including participation in proceedings, signing affidavits, and facilitating travel and subsistence for Ojiambo & Company Advocates, implies retention and instructions for legal representation. The absence of a written remuneration agreement allows the advocate to file a Bill of Costs for taxation under Rule 113(2). The consultancy agreement with Milka Wahu Kuria is not relevant to the advocate-client relationship or taxation of costs in this cause.

Court Disposition

Application to strike out Bill of Costs dismissed

Orders

  • Respondent awarded USD 200 for instructions, affidavit in reply, and attendance for hearing and delivery of ruling to be added to the bill in this taxation cause
  • Costs of travel and subsistence for hearing and ruling to be included and taxed upon production of receipts