CIVIL APPEAL NO

CIVIL APPEAL NO

Advocates from the same law firm are deemed to be the same advocate for purposes of drawing a bill of costs under Order 64(1) of GN. 263 of 2015; the bill of costs was filed within time as per statutory computation; the High Court properly exercised discretion in awarding instruction and attendance fees, and there was sufficient proof for travelling costs.

Citation
CIVIL APPEAL NO
Parties
Appellant: Babito Ltd; 1st Respondent: Freight Africa NV-Belgium; 2nd Respondent: Tahir s/o Murtaza Vauli; 3rd Respondent: Total Freight Services (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Bill of Costs, Instruction Fees, Advocate Remuneration, Limitation Period, Taxation Proceedings
Source Language
English
Civil Procedure Costs and Taxation Bill of Costs Instruction Fees Advocate Remuneration Limitation Period Taxation Proceedings

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Parties

Babito Ltd

Appellant

Freight Africa NV-Belgium

1st Respondent

Tahir s/o Murtaza Vauli

2nd Respondent

Total Freight Services (T) Ltd

3rd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the bill of costs was properly drawn by the advocate finally on record as required by Order 64(1) of GN. 263 of 2015
  2. 2 Whether the bill of costs was time-barred
  3. 3 Whether the High Court erred in awarding travelling costs without proof

Ratio Decidendi

Advocates from the same law firm are deemed to be the same advocate for purposes of drawing a bill of costs under Order 64(1) of GN. 263 of 2015; the bill of costs was filed within time as per statutory computation; the High Court properly exercised discretion in awarding instruction and attendance fees, and there was sufficient proof for travelling costs.

Court Disposition

appeal dismissed

Orders

  • No order as to costs