national medical stores and anor v magezi consolidation taxation cause 8 of 2014 2015 eacj 100 7 september 2015

national medical stores and anor v magezi consolidation taxation cause 8 of 2014 2015 eacj 100 7 september 2015

Applicants, though wrongly impleaded, were entitled to costs as the withdrawal of proceedings against them did not preclude such entitlement under the Rules. Instruction fees must be reasonable and not based on the value of the claim where the subject matter is not monetary. The objection to representation and procurement was overruled as procedural requirements were met. The taxing officer exercised discretion to award instruction fees and disbursements at levels consistent with precedent and the circumstances of the case.

Citation
national medical stores and anor v magezi consolidation taxation cause 8 of 2014 2015 eacj 100 7 september 2015
Parties
1st Applicant: National Medical Stores; 2nd Applicant: Quality Chemicals Industries Ltd; Respondent: Godfrey Magezi
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
7 September 2015
Procedural Posture
Taxation Cause (consolidated) / Ruling on Taxation of Costs
Outcome
Bills of costs taxed and allowed in part; objection overruled.
Legal Topics
Taxation of Costs, Party and Party Costs, Instruction Fees, Withdrawal of Proceedings, Representation of Corporations, Disbursements
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Party and Party Costs Instruction Fees Withdrawal of Proceedings Representation of Corporations Disbursements

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Parties

National Medical Stores

1st Applicant

Quality Chemicals Industries Ltd

2nd Applicant

Godfrey Magezi

Respondent

Procedural Posture

Taxation Cause (consolidated) / Ruling on Taxation of Costs

Legal Issues

  1. 1 Whether the applicants are entitled to costs after being wrongly impleaded and withdrawn from the reference
  2. 2 Proper scale and quantum of instruction fees and disbursements to be awarded
  3. 3 Validity of objection to representation and procurement of legal services for National Medical Stores

Ratio Decidendi

Applicants, though wrongly impleaded, were entitled to costs as the withdrawal of proceedings against them did not preclude such entitlement under the Rules. Instruction fees must be reasonable and not based on the value of the claim where the subject matter is not monetary. The objection to representation and procurement was overruled as procedural requirements were met. The taxing officer exercised discretion to award instruction fees and disbursements at levels consistent with precedent and the circumstances of the case.

Court Disposition

Bills of costs taxed and allowed in part; objection overruled.

Orders

  • National Medical Stores awarded USD 42,829.49 in total costs (instruction fees plus disbursements)
  • Quality Chemicals Industries Ltd awarded USD 18,012 in total costs (instruction fees plus disbursements)