20170421 TZHC Dar es Salaam

20170421 TZHC Dar es Salaam

The applicant delivered a fee note to the respondents, which was received and remained unpaid for over a month. This satisfies the requirements of Section 61 of the Advocates Act, entitling the applicant to leave to file an Advocate-Client Bill of Costs. The absence of a specified VAT amount in the fee note does not amount to tax evasion or preclude the application at this stage. Acacia Mining Limited is properly joined due to its interest and involvement in instructing the applicant.

Citation
20170421 TZHC Dar es Salaam
Parties
Applicant: Michael J. T. Ngalo; 1st Respondent: Pangea Minerals Limited; 2nd Respondent: Acacia Mining Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 2017
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Leave to File Advocate Client Bill of Costs
Outcome
Application granted
Legal Topics
Advocate Client Costs, Taxation of Costs, Leave to File Bill of Costs
Source Language
English
Civil Procedure Legal Profession Advocate Client Costs Taxation of Costs Leave to File Bill of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael J. T. Ngalo

Applicant

Pangea Minerals Limited

1st Respondent

Acacia Mining Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Leave to File Advocate Client Bill of Costs

Legal Issues

  1. 1 Whether the applicant is entitled to leave to file an Advocate-Client Bill of Costs against the respondents under Section 61 of the Advocates Act
  2. 2 Whether Acacia Mining Limited is a proper party to the application
  3. 3 Whether failure to provide a tax invoice or specify VAT in the fee note precludes the application

Ratio Decidendi

The applicant delivered a fee note to the respondents, which was received and remained unpaid for over a month. This satisfies the requirements of Section 61 of the Advocates Act, entitling the applicant to leave to file an Advocate-Client Bill of Costs. The absence of a specified VAT amount in the fee note does not amount to tax evasion or preclude the application at this stage. Acacia Mining Limited is properly joined due to its interest and involvement in instructing the applicant.

Court Disposition

Application granted

Orders

  • Leave granted to the applicant to present and file an Advocate-Client Bill of Costs against the respondents in respect of High Court Civil Case No. 143 of 2014.
  • Applicant awarded costs of this application.