200011013 TZHC Dar es Salaam
The bill of costs was taxed in favour of the decree holder as per accepted rates and rules, specifically awarding 5% of the collected amount as instruction fees.
Source-derived case information.
- Citation
- 200011013 TZHC Dar es Salaam
- Parties
- Plaintiff: Gapoil (T) Limited; Defendant: Southern Paper Mills Company Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2000
- Procedural Posture
- Civil / Taxation of Bill of Costs
- Outcome
- bill of costs taxed in favour of decree holder
- Legal Topics
- Taxation of Costs, Debt Collection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gapoil (T) Limited
Plaintiff
Southern Paper Mills Company Limited
Defendant
Procedural Posture
Civil / Taxation of Bill of Costs
Legal Issues
- 1 Entitlement to costs as per schedule 8 of the Advocates Remuneration and Taxation Rules
- 2 Proper calculation of instruction fees
Ratio Decidendi
The bill of costs was taxed in favour of the decree holder as per accepted rates and rules, specifically awarding 5% of the collected amount as instruction fees.
Court Disposition
bill of costs taxed in favour of decree holder
Orders
- Bill of costs taxed at Shs. 2,305,760/= in favour of Gapoil (T) Limited
Full Case Text
Judgment text and source record
1 paragraphs
,. IN THE HIGH COUR'r OF TANZANIA (DAR ES ,SALAAM DL;TRICT PJi',GIS'l'RY) AT DAR ES SALAAf1 CIVIL CASE N0.237/96 GAPOIL (T) LIMI'lT£D~ •• ~.:. ~.; •••• • •• PLAINTIFF Versus SOUTHERN PAPER MILLS COMPAI'l'Y ............ LIHI'l'ED..•••••••••••••••••• ,.,. -------.··~•·'-Af' ➔~·•'" -.~· - - - - - ~ - · -.... -:-... • • -""t. DEFt:NDANT t . , ~ - ~ · " ' - · ~ ~...- - ......_ _ The following ruling sterns fro1ii the bill of cost preferred by the . Drcree Holder M/S Ga.pail 'ranzania Limited, · Incidentally the same proceeded cxparte o~tcnsibly due to the none a:ppea;ance of the Respondent/~udgemer{t Debt?r t-~/S :Southern Paper ),'!ills l despite the fact that they were effectively se;rved. I • I The subsequent bill of cost originateo from the decit.iion of Hon. Jw;tice M~an:ja of. 12/2/98, · in which decision -~.mongst other auards the P+aintiff(Decree Holder was/got awarded cost of that suit. Counsel Mponda notified the taxing ma~~er tµat 1 thl➔ matter in h2.nd was es,sentially one o~ debt collection of w1~icp paragraph 8 of shcdule 8 of the advocates romun0rat:i,on and 'l'axation rules 1 the Applicant ic-; . .. entitled to a· 5% of the amount collected and. he .•• ._ further observed that the }, instruction fees cle.imed is in line with the , . p1:,.ragraph 8 of shodule 8 the rules. I have gone throueh the Folios depicting the filed bill of coGt in . conten~ed the same are as per accepted rat~~• . . J accordingly tax the bill .o:q f/3. vour of the decree holdel: M/S Ga-pail T~nzania Limited to the tune of Shs • 2 1 305, 760/= only I order accordingly,!.• , ..--~.... ~,. ·...... --· F. :...~. uTUNGI DEPU'l REGL:.:'l'HAR ~-••---.· ..... ~ ...- , .....u • • . ____ , _ _. ....... , ·, .r Corrun F .J .K. rfatungi, DR For .the D/Holder - Hr.. Mponda . For the J /Debtor - C/C Maurice. Ruling read this 13/10/2000 :in thepresence of counc;el Mponda . ~1 for the Decree Holder.. _:..-~_,-- F o, O'NGI .) -·- DEPUTY ........ L:iTRAR 13/10/2000.