grace joseph zelamula vs sumry bus services ltd another 2023 tzhc 23158 21 november 2023

grace joseph zelamula vs sumry bus services ltd another 2023 tzhc 23158 21 november 2023

The taxing officer acted within the legal scale and discretion in awarding 3% instruction fee and Tzs. 50,000 per attendance; as the applicant was legally aided, no instruction fee should have been charged; the application lacks merit and is dismissed.

Source-derived case information.

Citation
grace joseph zelamula vs sumry bus services ltd another 2023 tzhc 23158 21 november 2023
Parties
Applicant: Grace Joseph Zelamula; 1st Respondent: Sumry Bus Services Ltd; 2nd Respondent: UAP Insurance Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Civil Reference / Ruling on Reference From Taxation Decision
Outcome
Application dismissed
Legal Topics
Taxation of Costs, Instruction Fees, Legal Aid, Advocates Remuneration Order
Source Language
english
Civil Procedure Costs and Taxation Taxation of Costs Instruction Fees Legal Aid Advocates Remuneration Order

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Parties

Grace Joseph Zelamula

Applicant

Sumry Bus Services Ltd

1st Respondent

UAP Insurance Limited

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Taxation Decision

Legal Issues

  1. 1 Whether the taxing officer erred in assessing instruction fees and attendance costs
  2. 2 Whether a legally aided person is entitled to recover instruction fees and costs

Ratio Decidendi

The taxing officer acted within the legal scale and discretion in awarding 3% instruction fee and Tzs. 50,000 per attendance; as the applicant was legally aided, no instruction fee should have been charged; the application lacks merit and is dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs; each party to bear its own costs