watson kihaka ta lupelo investiment coltd vs the national insurance corporation t ltd another 2010 tzhccomd 12 19 october 2010

watson kihaka ta lupelo investiment coltd vs the national insurance corporation t ltd another 2010 tzhccomd 12 19 october 2010

Instruction fee above prescribed scale is justified due to the nature and complexity of proceedings, but claimed amount is excessive; three times the prescribed rate is appropriate. Attendance costs set for consistency with precedent. No distinction in taxation between representation by employee or private advocate for public corporations.

Citation
watson kihaka ta lupelo investiment coltd vs the national insurance corporation t ltd another 2010 tzhccomd 12 19 october 2010
Parties
Decree Holder: Corporation (T) Ltd.; Judgment Debtor: The Presidential Parastatal Sector
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 October 2010
Procedural Posture
Commercial Case / Ruling on Bill of Costs After Appeal Struck Out
Outcome
Bill of costs partly allowed, partly reduced.
Legal Topics
Instruction Fees, Taxation of Costs, Public Corporations, Advocate Remuneration
Source Language
English
Civil Procedure Costs and Taxation Instruction Fees Taxation of Costs Public Corporations Advocate Remuneration

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Parties

Corporation (T) Ltd.

Decree Holder

The Presidential Parastatal Sector

Judgment Debtor

Procedural Posture

Commercial Case / Ruling on Bill of Costs After Appeal Struck Out

Legal Issues

  1. 1 Whether instruction fees claimed by decree holder are justified above the prescribed scale
  2. 2 Whether costs should differ when represented by employee versus private advocate
  3. 3 Appropriate quantum for attendance and disbursement items

Ratio Decidendi

Instruction fee above prescribed scale is justified due to the nature and complexity of proceedings, but claimed amount is excessive; three times the prescribed rate is appropriate. Attendance costs set for consistency with precedent. No distinction in taxation between representation by employee or private advocate for public corporations.

Court Disposition

Bill of costs partly allowed, partly reduced.

Orders

  • Instruction fee allowed at Tsh 2,250,000 (three times prescribed rate)
  • Attendance costs allowed at Tsh 9,000 per item for items 4-15 (total Tsh 99,000)