sange William vs Jacob Ndira Tanzlii

sange William vs Jacob Ndira Tanzlii

Order 55(3) of the Advocates Remuneration Order, 2015, prohibits inclusion of fees for attending taxation in the body of the bill of costs, but allows fees for preparing/drawing the bill. Since item five included both, the Taxing Officer erred in taxing the full amount. The court revised the amount to reflect only preparation fees, reducing the taxed amount for item five to TZS 250,000/=.

Citation
sange William vs Jacob Ndira Tanzlii
Parties
Applicant: Sange William Wangoya; 1st Respondent: Jacobo Ndira; 2nd Respondent: Martin Ochora Ndira; 3rd Respondent: Benard Festo Ndira (Administrator of the Estate of the late Anton Ndira Onguka)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 April 2024
Procedural Posture
Miscellaneous Civil Application (reference) / Ruling on Reference From Taxing Officer's Decision
Outcome
Partly allowed
Legal Topics
Reference Against Taxing Officer's Decision, Interpretation of Advocates Remuneration Order, Taxation of Costs, Virtual Court Attendance, Instruction Fees
Source Language
English
Civil Procedure Costs and Taxation Reference Against Taxing Officer's Decision Interpretation of Advocates Remuneration Order Taxation of Costs Virtual Court Attendance Instruction Fees

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Parties

Sange William Wangoya

Applicant

Jacobo Ndira

1st Respondent

Martin Ochora Ndira

2nd Respondent

Benard Festo Ndira (Administrator of the Estate of the late Anton Ndira Onguka)

3rd Respondent

Procedural Posture

Miscellaneous Civil Application (reference) / Ruling on Reference From Taxing Officer's Decision

Legal Issues

  1. 1 Whether the Taxing Officer erred in taxing items two, three, four, and five of the bill of costs
  2. 2 Whether inclusion of representation fees in item five contravened Order 55(3) of the Advocates Remuneration Order, 2015

Ratio Decidendi

Order 55(3) of the Advocates Remuneration Order, 2015, prohibits inclusion of fees for attending taxation in the body of the bill of costs, but allows fees for preparing/drawing the bill. Since item five included both, the Taxing Officer erred in taxing the full amount. The court revised the amount to reflect only preparation fees, reducing the taxed amount for item five to TZS 250,000/=.

Court Disposition

Partly allowed

Orders

  • Item five of the bill of costs taxed at TZS 250,000/= instead of TZS 500,000/=
  • Total bill of costs revised to TZS 1,400,000/=