jubilee insurance company of tanzania ltd vs vodacom tanzania public ltd co 2020 tzhccomd 2057 9 october 2020

jubilee insurance company of tanzania ltd vs vodacom tanzania public ltd co 2020 tzhccomd 2057 9 october 2020

The Taxing Master acted within his discretion under Order 12(1) of GN 264 of 2015, and the award was not so low as to occasion injustice. Reference Application No.3 lacked specificity and purpose. Folio and communication costs are part of instruction fees. No error in law or principle was found in the Taxing Master's decision.

Citation
jubilee insurance company of tanzania ltd vs vodacom tanzania public ltd co 2020 tzhccomd 2057 9 october 2020
Parties
Applicant/respondent: The Jubilee Insurance Company of Tanzania Ltd; Respondent/applicant: Vodacom Tanzania Public Ltd Company
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 October 2020
Procedural Posture
Taxation Reference / Ruling on Consolidated Reference Applications
Outcome
Dismissal of consolidated reference applications
Legal Topics
Advocates Remuneration, Taxation of Costs, Instruction Fees, Discretion of Taxing Master
Source Language
English
Civil Procedure Costs and Taxation Advocates Remuneration Taxation of Costs Instruction Fees Discretion of Taxing Master

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Parties

The Jubilee Insurance Company of Tanzania Ltd

Applicant/respondent

Vodacom Tanzania Public Ltd Company

Respondent/applicant

Procedural Posture

Taxation Reference / Ruling on Consolidated Reference Applications

Legal Issues

  1. 1 Whether Reference Application No.3 of 2020 is purposeless for not specifying relief sought
  2. 2 Whether the Taxing Master erred in law by exercising discretion on matters specifically fixed
  3. 3 Whether the Taxing Master uplifted subsidiary over principal legislation

Ratio Decidendi

The Taxing Master acted within his discretion under Order 12(1) of GN 264 of 2015, and the award was not so low as to occasion injustice. Reference Application No.3 lacked specificity and purpose. Folio and communication costs are part of instruction fees. No error in law or principle was found in the Taxing Master's decision.

Court Disposition

Dismissal of consolidated reference applications

Orders

  • Consolidated Reference Application No.2 and 3 of 2020 dismissed
  • No order as to costs; each party to bear its own costs