20151210 TZHC Dar es Salaam

_,_flV &I ~ - ~ -'~-fs _~ ~ l O~ V ~ ~~• ~ · ~ <. . IN THE HIGH COURT OF TANZANIA ~4._e__ {2 'i)AJ~ ~- ~.)f-Y-.. ~ AT DAR ES SALAAM F , P - 4 ~ r,r,Jef/{!11r ~ ,.) ~I - fu.; Al.,,c~ '1.P 2»1.s · CIVIL APPEAL NO. 133 OF 2014 .CJ f'iANASEH MARTINI .............................1 sr APPELLANT 0 TITO TUNDA ... ..,,. .........,... una••················2" APPELLANT JAROME ANDREA .................................3RD APPELLANT VERSUS REGISTRERED TRUSTE1:S OF f KANISA LA EUMU PENTECOSTE TANZANIA .......... RESPONDENT RUUNG Bef~re C;.M. Magesa, DR - This is an appliqition for ~ill of Cost. The Decree Holder is daiming . . total of Tsh 48,042,805/= from the Judgment Debtors being cost for prosecution of Civil Appeal No. 133 of 2014. The Deer~ Holder is this application is represente.d by learned ... ... . cattsed Mr. · Makene from _Kings---Law Chambers whii~ tll~ Jud~rrier.t . ~ Debtor is represented by learned counsel Dr. Kamanija. ♦ • During the hearing of this application Mr. Makene cou~sel for the appficant _simply submitted that the sm ·of Cost in all items ·should be taxed as presented on the _ground that the amount requested in each item are reasonable. Dr. Kamanija counsel for the Judgment . Debtor . disputed the amount presenteg in each item on the ground that· the ' Decree. Hold~r· has · exaggerat~ the -a~ou.nt of money .requesteq in every it:em.-:. . _.. - ·-· --- ·- .. - ---- -- - - •· 1 The Decree Holder has requested Tshs 20,850,000/= on item one _being instruction fees. Counsel for the Judgment Debtor has resisted the amount on the ground that the amount requested is too high. He argued that the matter which resulted to this Bill of Cost ended by preliminary objection and thus, the counsel for the Decree Holder did not invest much in researching and he proposed that instruction fees be charged at Tshs 500,000/=. :rhis Court 1s very much aware that an instruction fee is • charged depending on time, energy indu~, complexity of the €matter . ' and other factors, It is undisputed fact that the matter which ·gave rise to the Bill of Cost ended by way of ·preliminary objection. However, -that - does not necessary mean that counsel for the Decree Holder did not research on the matter. The matter ended preliminary objection but .. - ~ already the Decree Holder had prepared: hi~ case. This Court is very . much one of the sc.ales laid dowri on eleventh schedule to the Advocate Remuneration_ ·order, Government notice No. 264/2015 which provi~ - scale for taxation in .the High .court and subordinate. Court. Rowever, Rule 12(1) of GN 264/2015 gave discretion to the taxing master to allow- ~ 1i .. - . . cc-st, charges and expensive that appear to be proper ·and· r.ecessa·ry. - . - . . . This Court has taken into account that the matter which gave rise to this -J • . • Bill of .Cost was disposed by wav of preliminary objection, and infact . the . Judgment debtor conced<=9 the objection. In the interest of justice the Court taking into amount the time, preparation of the appeal is of the view that Tshs 10,000,000/= as cost for instruction fees is proper to be awarded to the Decree Holder. . The Decree Holder on item ·no. 2;5 and . 7 -have requested lo be -. .- ... "' . p~d _i~ ~~I- of-~s~~ ~00,~0_?{ __ !~ ~ach ~~ th~~~!~~!!l_S ~s !e~_to_~~t __ 2 ( I·•. . with his client counsel for the Judgment Debtor argued that, these "-V' - .. items ought to have been included in the instruction fees. In his reply, counsel for the Decree Holder argued· that the Headquarters of the Decree Holder is concealed in Tanga and therefore every time he wanted to meet his client had to travel to Tanga. Counsel for the Decree Holder did not present any receipt to show that he has many expensive to trav~I to Tanga. However, bearing in mind that the ( Headquarter of the Decree Holder office is located in Tanga, this Court will allow Tshs 300,000/-:- as cost a those each three items. On items number 3,6,9,10,11,12 and 13 in which the Decree Holder has requested different amounts in those items, this Court award Tshs~ 100,000/= in respect each of all those items for attendance except items 9 which is taxed at Tshs 50,000/= . On item no. 4, this Court will award Tshs 500,000/= being fees for ~ ., ~ drawing . notice of-preliminary ·objection_ jn Civil Appe~I No, 133/2014. · ·Toe Decree Holder wilt--aiso be-awarded Tshs. 1,000~000/= as fees· in . prosecution of the Bill of Cost and Tshs. 1,500/= as filing fees for the Bill of Cost. The Decree Holder has also requested to be awarded cost for . transport, communication and stationeries. Although there was no . receipt presented as per rule 56 of ~N No. 264/?015,_ this Court wm . allow Tshs 1,000,000 for transport" Tshs l,0oo;oo0/= · for • . ' . . · communication ... . and Tshs 1,000,000/= f0r 'photocopy and . printing ,.- . ::. · . ' . ··- .. ---~-- ~- --· - ------- - -. - ·- -~ --- 3 l ·• ~ ~J~ .: In total, the Decree Holder is awarded to Tshs 15,451,500/= as Bill of Cost. The rest is taxed off. Ruling delivered in the presence of Dr. Kamanija for the Judgment Debtor who is also holding brief for Mr. Makene counsel for the Decree Holder. ~ t -::.