kalunga company advocates vs national bank of commerce ltd 2002 tzhc 2039 11 october 2002
In the absence of an agreement on remuneration and with no substantive opposition from the respondent, the applicant is entitled to have the bill of costs taxed and to the orders sought.
Source-derived case information.
- Citation
- kalunga company advocates vs national bank of commerce ltd 2002 tzhc 2039 11 october 2002
- Parties
- Applicant: Kalunga & Company Advocates; Respondent: National Bank of Commerce Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 October 2002
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Taxation of Bill of Costs
- Outcome
- Application allowed
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalunga & Company Advocates
Applicant
National Bank of Commerce Ltd
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Taxation of Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to have its bill of costs taxed by the Taxing Officer
- 2 Whether the applicant is entitled to interest on the bill of costs
- 3 Whether the respondent is liable to pay the applicant's legal fees in absence of an agreement on remuneration
Ratio Decidendi
In the absence of an agreement on remuneration and with no substantive opposition from the respondent, the applicant is entitled to have the bill of costs taxed and to the orders sought.
Court Disposition
Application allowed
Orders
- Bill of costs to be taxed by the Taxing Officer according to law
- Taxing Officer to tax both the bill and costs of taxation and certify amounts due
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT PAR ES SALAAM MISC. C r / I L CAUSE NO, ‘l'ik / 0 2 KALUNGA & COMPAJY ADVOCATES «....... APPLICANTS Versus national bank o f commerce ltd ...... respondent R U L I N G IHEMA^ J ; In these consolidated miscellaneous Civil Application Nos 'I'ik and 117 of 2002 Kalungs end Company Advocates herein-after referred to os the applicant is seeking for the following orders, namely (i) that the Bill of Costs annexed here-to be taxed by the Taxing Officer according to law? Cii) that the Taxing Officer taxes not only the Bill but also costs of the taxation and certifies what is due to the applicant in respect of the Bill and in respect of the costs of taxation j- (iii) that until the taxation is completed, no action should bo commenced on the bill and any action already commenced ^ a ir a y ,'^ Civ) that interest be paid on the Bill at the rate of 7% per annum fron the date of delivery to the respondent of the said Bill to the date of satisfaction by the respondent» In support of these applications filed under Sections 61, 62, and 6k o f the Advocates* Ordinance Cap 3*f1 the affidavit deponed by Leopeld Thomas Kalunga Esq The Principal Pertner of Kalunga and Company Advocates ie attached* It is argued for the applicant that upon instructions to conduct the National Bank of Commerce's, the respondent, defence no payments were made by the respondent to the applicant of its legal fees. It is further contended for the applicant$fifcse applications are being made because no agreement was made between the applicant and the respondent stating the quantum of the remuneration of the applicant nor how such remuneration was to be calculated. In reply Mr. Mljepera the acting Company S e c r e t a r y of the respondent admits the liability to pay save for the failure of the applicant to avail to it the relevant case files in order to verify the bills as submitted, As the respondent does n-t in principle oppose the applications herein filed I will allow the’ and grant the orders as preyed in the chamber summonses. Costs to a lie in the cause. Order accordingly. j' i , . S . Ihema JUDGE COURT: Ruling delivered before Mr. MhSngo and Mngni learned advocates for the parties today 11/10/2002. S « Iherna JUDGE 11/10/2002