salaaman health services vs tanzania insurance regulatory authority others 2023 tzhc 20974 13 september 2023

salaaman health services vs tanzania insurance regulatory authority others 2023 tzhc 20974 13 september 2023

State Attorneys and Law Officers representing the Government are not entitled to be paid advocate fees as part of costs because they are salaried public officers, not private advocates, and the Government cannot recover legal fees it did not actually incur.

Citation
salaaman health services vs tanzania insurance regulatory authority others 2023 tzhc 20974 13 september 2023
Parties
Applicant: Salaaman Health Services; 1st Respondent: Tanzania Insurance Regulatory Authority; 2nd Respondent: Attorney General; 3rd Respondent: Baghayo S Saqware; 4th Respondent: Zakari Muyengi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 September 2023
Procedural Posture
Civil Reference / Ruling on Reference Against Taxation of Legal Fees
Outcome
Reference allowed in part; legal fees taxed off for State Attorney representing 1st and 2nd respondents.
Legal Topics
Costs, Taxation of Costs, Government Representation, Advocate Fees
Source Language
English
Civil Procedure Administrative Law Costs Taxation of Costs Government Representation Advocate Fees

Case Brief

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Parties

Salaaman Health Services

Applicant

Tanzania Insurance Regulatory Authority

1st Respondent

Attorney General

2nd Respondent

Baghayo S Saqware

3rd Respondent

Zakari Muyengi

4th Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Taxation of Legal Fees

Legal Issues

  1. 1 Whether State Attorneys or Law Officers representing the Government are entitled to be paid advocate fees as part of costs awarded to the Government in litigation
  2. 2 Whether the Government can recover legal fees not actually incurred when represented by salaried Law Officers or State Attorneys

Ratio Decidendi

State Attorneys and Law Officers representing the Government are not entitled to be paid advocate fees as part of costs because they are salaried public officers, not private advocates, and the Government cannot recover legal fees it did not actually incur.

Court Disposition

Reference allowed in part; legal fees taxed off for State Attorney representing 1st and 2nd respondents.

Orders

  • The amount of TSh 1,000,000 awarded as legal fees to the State Attorney is taxed off.
  • Instruction fees awarded to the 3rd and 4th respondents remain undisturbed.