19991210 TZHC Mbeya
The instruction fees charged are fair and reasonable given the value of the properties in dispute, and the liquidator's appointment obviates the need for member consent. Taxation is granted as prayed.
Source-derived case information.
- Citation
- 19991210 TZHC Mbeya
- Parties
- Appellant: Joackim Kalembwe; Respondent: M. N. Mujamliya
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 December 1999
- Procedural Posture
- Miscellaneous Civil Appeal / Taxation of Bill of Costs
- Outcome
- taxation granted
- Legal Topics
- Taxation of Costs, Instruction Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joackim Kalembwe
Appellant
M. N. Mujamliya
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Taxation of Bill of Costs
Legal Issues
- 1 Whether instruction fees claimed are reasonable given the value of properties involved
- 2 Whether the liquidator should have received free legal advice from Attorney General's Chambers
- 3 Whether consent from cooperative members was required for legal representation
Ratio Decidendi
The instruction fees charged are fair and reasonable given the value of the properties in dispute, and the liquidator's appointment obviates the need for member consent. Taxation is granted as prayed.
Court Disposition
taxation granted
Orders
- Bill of costs taxed at Tshs.5,032,600/= as prayed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURI' OF T ANZ.ANIA AT MBt:YA ORIGINAL JURISDICTION (Mbe:;ya Registr;y) MISCo CIVIL APHJi.L NOo 8 OF 1997 · JOACKIM KALEMBWE ••••••••••••~•••o ■ ooo ■ o APPELLANT Versus M. N. M\iJAMLTV,Ji. • • • • • • • • • • • • • • • • • • • • • • • • • RSSP0NDENT This ruling follows a bill of costs filed at the sum of •rshs.5,032,6000/= by the decree holders. There was no dispute as far as items No. 2 - 9 were c concerned so I tax them as they stand. The only dispute was in respect to item No.1 being instruction fees which is high due to the value of the properties involved in this suit. !fr. Mkumbe appearing for the judgement debtor bitterly objc,cted to Uiis saying, that the liquidator • Attorne,Y Genera.L's should get free leg~11 advise from the L Chambers and that even the members of the coop. were not consulL,d to issue their consent. Hore- over he alleged that no receipt had bee11 produced to prove the same. Ags. In defending this item Mr. !1Jbise urged that th~ g. Chambers refused to take up the matter so the liquidator had to engac:;t: :;_ private advocate and that even if th0 liquidator would have used the ,.::;,;:::rvices o/~:: Chambers, they would also be paid costs as well and that cannot be said to l:L free serviceo As for the members consent he alleged that none in existence tha.ts why a liquidator had been appointed to take over'the prorerty of the Goop. He said since he was the one who appeared for the decree- holder he caimot be doubted for he cannot disclose the agreement between him and his client but he could produce the receipt ~fit is so insisted. I believe that the fees chnrged is in accordance to a certain ·-,,~,,c.ntage of the total value of the properties in dispute. Now the val11G of· th,~ p:ravertie.s in this case is over Tshs. 100,Million whose percentage is of 'I. St<'mds at alrnost 'l'shs. ':~·- Million , this I believe that the said fees charged under it0ms No. 1 is fair and I accordingly le.<.J.ve it aB it stands. Taxation is thus granted at Tshs.5 ,032 ,6061,: as prayed :for. S.ii..N. Wambura D/RfilLSTR/\,.R 9/12/999 •ooo•/2 0 2 - ,,. ,.,... D"ecree Holder - Mbisc Adv~ Pres en to> For Judgement Debtor - I!ikurnbe, ~dv., Absento C/C~ Mathias. -'1 // . / \~ _,:;;. -,/ s·. A.N ~ Wamb1-~xa :.... .. -"'.. _,,,. DISTRICT Rl.UISTRA.R . .t'(, e· ·')i., . 10/12/1999 -1.(..,.: ·, r,. \ I, ~;P-' . ~;,'' .· .. .. ,_ l .. ! \~~ .. : -'/.I-