jeremiah kadendula vs sumbawanga town council 2000 tzhc 16 20 march 2000

IN THE HIGH COURT OF TANZANIA a t _m b e y a . DC. CIVIL APPEAL NO. 9 OF 1997 (FROM ORIGINAL CIVIL CASE NO. kk OF 1996 OF SUMBAWANGA DISTRICT COURT) JEREMIAH KADENDULA. .... *APPELLANT VERSUS SUHBAWAHGA T O W COUNCIL. ...... ........ .RESPONDENT WAKBURA « P M (E J ) This ruling follows a bill of costs filed, by M r . Chambi filr ths decree / , dropped. . „ holders which amounts to Tshs.353*000/- after having items 1 - 12* alledging Mr. Naali challenged items 13* 16» and 17 • ■ * ■ tnat Mr. Ghambi was duty bound to draw the said documents. Mr. Naali also challenged items 14 & 15 saying the claimed Tshs.3,000/= . 4® ■ additional to the night allowances which he did not dispute. He objected to item 18 on claims for court attendance, cepy of Judgement and ruling being on the very high side while the known fees is only Tshs.2,00?/=. Ke prayed that the bill of costs be reduced to Tshs.129,000/= only after reducing Tshs.124,000/=, 4 Replying to this Mr. Chambi opined that he was compelled to draw the said documents by the respondent and so he was not duty bound todo so praying that items 13, 16 & 17 be taxed at Tshs*3»000/=, As far items 14 & 15 he alleged that Tshs.3,000/= is a normal elaim of attending to court even i if one d«es n#t have to be paid night allowances* He agreed to reduc«~ the claim in item 18 t« Tshs,2,000/= for eopies of judgement and rulings, I have purposely said nothing in respect to the affidavit challenged by Mr. NaaJ.i for despite saying it was detective he agreed to some #osts which the affidavit was supporting thus raising the said amount of Tshs,129,000/= as he opinioned. I will thus tax the undisputed items as they stand* Items 13, 16 & 17 are reduced to Tshs.3*000/= each as agreed by both parties and item No 18 is accordingly reduced t« Tshs,2000/= for the copies of Judgement and rulings supplied. I also grant Tshs,3000/= for items 14 & 15 as its the normal claim to attend to court even if one resides in Mbeya as well as the night and travel allowances as presented from item 13 - 18 making the total stand at Tshs.285 »000/=. 2 Eau to add Tsiis„3D}CrX)/- per nigh-1; has not been c^«5? ' e r e d as the appl: .’"■'t l~.sd ample time t ^ ^ a ^ t o / f i l e an amr^ded bill ccsts which was never c..^ne« It is so rulesio . v S.A*N r'-WaTabu~. a PRII-liipAL ISiSIDEHT ^.USISTRATE (23J) ‘ ■ 20/ 5/2001 I £i i* i 4 * ’ " ** •* •* Date ;_?:./3/'o001 Cor?m^ F- ,A;N* V'9.mbura - PEM (SJ) Appellant ) _ Both Absent# T> * :■ Gc’’_ . alivered in open chambers at the absence'of both cQiwisels. S.A.N. Wambura PRINCIPAL RLSIISNT MAGISTRATE fr ■■a « -?/03/OA"i*