kitinda kimaro vs anthony ngoo another 2021 tzca 8 11 february 2021

The amount of Tshs. 150,000,000/= awarded as instruction fee was excessive and inconsistent with comparable cases; applying the principle of consistency and fairness, the fee should be reduced to Tshs. 80,000,000/= for two advocates, in line with precedents.

Citation: kitinda kimaro vs anthony ngoo another 2021 tzca 8 11 february 2021
Parties: Applicant: Kitinda Kimaro; 1st Respondent: Anthony Ngoo; 2nd Respondent: Davis Anthony Ngoo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 February 2021
Procedural Posture: Civil Reference / Ruling on Reference From Single Justice's Order on Instruction Fee
Outcome: Reference allowed in part
Legal Topics: Instruction Fee, Taxation of Costs, Judicial Discretion, Consistency in Costs Awards
Source Language: English

Civil Procedure Costs and Taxation Instruction Fee Taxation of Costs Judicial Discretion Consistency in Costs Awards

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Parties

Kitinda Kimaro

Applicant

Anthony Ngoo

1st Respondent

Davis Anthony Ngoo

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Order on Instruction Fee

Legal Issues

1 Whether the instruction fee of Tshs. 150,000,000/= awarded by the single Justice was excessive and inconsistent with established principles

Ratio Decidendi

Court Disposition

Reference allowed in part

Orders

Instruction fee reduced from Tshs. 150,000,000/= to Tshs. 80,000,000/= for two advocates
No order as to costs