20000728 TZHC Dar es Salaam

20000728 TZHC Dar es Salaam

Taxation of costs is not stayed by pendency of the main suit where the appeal on temporary injunction is finally determined; instruction fees are not limited to drafting but include research and prosecution; amounts claimed must be reasonable and supported by receipts unless court exercises discretion.

Citation
20000728 TZHC Dar es Salaam
Parties
Applicant: Saspeter Ndalahwa; Respondents: Nathaniel Chamuiomo & 6 others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2000
Procedural Posture
Civil Appeal / Taxation of Bill of Costs After Appeal on Temporary Injunction
Outcome
Bill of costs taxed and allowed in part
Legal Topics
Taxation of Costs, Temporary Injunction, Appeal Procedure
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Temporary Injunction Appeal Procedure

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Parties

Saspeter Ndalahwa

Applicant

Nathaniel Chamuiomo & 6 others

Respondents

Procedural Posture

Civil Appeal / Taxation of Bill of Costs After Appeal on Temporary Injunction

Legal Issues

  1. 1 Whether taxation of costs should be stayed pending determination of the main suit
  2. 2 Whether instruction fees and other items in the bill of costs are justified and reasonable
  3. 3 Whether receipts are required for all disbursements claimed

Ratio Decidendi

Taxation of costs is not stayed by pendency of the main suit where the appeal on temporary injunction is finally determined; instruction fees are not limited to drafting but include research and prosecution; amounts claimed must be reasonable and supported by receipts unless court exercises discretion.

Court Disposition

Bill of costs taxed and allowed in part

Orders

  • Instruction fees reduced to Tshs. 500,000/=
  • Other items (perusal, preparation, copies, appearances, disbursements) taxed as presented except where receipts not produced for taxi expenses; only filing fees allowed for those with receipts.