20010323 TZHC Mbeya

IN THE HIGH COURT OF TANZPJ':IA DC. CIVIL APPEAL NO. 9 OF 199? (FROM ORIGINAL CIVIL CASE NO• 44 OF 1996 OF SUMBAWANGA DISTRICT COURT) JEREMIAH KADENDULA. ·• • O • O O e • . 0 • 0 • 0 • • e • . • . ,APPEI.J:ANT V'1'RSUS SUHBAWiu'\JGA TOWN COUNCIL •• • ••• •.··~•.•.•••• .RESPONDENT :£L~Q.f½, PRf:1 (EJ) This ru1ing follows a bill of costs filed by Nr. Cha.'11bi fir the deeree •. . . . /. . . . dropped. . 1 12 holders which amouri:~s to Tshs.353 1 000 = after having items - • alledging Mr. Naali cha}lenged items 13, 16, and 17 ~· • . · y . that Mr. Chambi was duty bound.to draw the said documents. Mr. Naali also ehallenged items 14 & 15 saying the claimed Tshs.3 1 000/== . · id ~ , addititmal .to the night . allowances· ~hich he .·did not •dispute.. He objected to item 18 on claims for court attendance., cepy ff Judgement and ru.ling being on the very high side while the known fees, is' only Tshs.2 100?/=• He prayed that the bill of cMts be reduced to Tshs.129 1 00_0/= only after reducing Tsl;ls.124,000/= • • Replying to this l"'ir. Chambi opined that he WM Ct!)mpelled to draw the r, said documents by the respondent Md so he was _not duty bound to do so · praying that items 13, 16 & 17 be taxed at Tshs.3,000/::. As far items 14 &. 15 he alleged that Tshs.3 1000/= is a nofmal_ elaim of_attending to dourt even if one dites ne•t have to,be paid night a.119:w~ces •. He agreed to r-edu~~- the claim in item.. 18 t.>Tshs.2 1 000/== for ~opies of judgement and rulings. I have purposely said nothing in respeet to the affidavit ch~llenged ..:1 by Mr. Naati for despite saying it was detective he agreed to some .fosts .' which the Jrfidavit was supporting thus raising the said amount of Tshs.129,000/= as he opinioned~ I will thus tax the und_isputed items as they stand~ Items 13, 16 & 17 are reduced to Tshs.3 1000/= each as agreed by both parties and item No 18 is accordingly r~duced te:Tshs.2000/~ for the copies of Ju.dgement and rulings supplied. I also grant Tshs.3000/= for items 14 & 15 as its the normal ?laim 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 tota.J. stand at Tsh.$.285,-0<?0/=• 2 WM never c;;_,'.'11.e o 20/3/2001 i,~~~~,:•••~••l••• Date~ ,23/3/2001 __,.............,.. ·,~~,.... ·J •, ... ·-:·-- PRM (EJ) Appella.r:.t ) ) - Both Ab?ent& ) _ /livered in open chambers at the absence· of bot.~?. cQ1.msels. :◄ "(' S.A.N•. Wambura PRINCIPAL P.E.SIDENT MAGIS'J:Rf:.TE •.:, •.f' ••., •, ·• . ,• 23/03. 1:1n01 ,; (, ' •' -~~ ·, .. ,: ,'. 't.::; ' . L. ·•-"· .·: ;· J,. .H