NA TZHC Dar es Salaam 8
Only actual costs for court attendances supported by evidence are allowed; unreceipted and unsupported items are disallowed.
Source-derived case information.
- Citation
- NA TZHC Dar es Salaam 8
- Parties
- Appellant: Sufu Said; Respondent: Baya Mohamed
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 June 1992
- Procedural Posture
- PC Civil Appeal / Taxation of Costs
- Outcome
- Bill of Costs taxed and allowed in part
- Legal Topics
- Taxation of Costs, Court Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sufu Said
Appellant
Baya Mohamed
Respondent
Procedural Posture
PC Civil Appeal / Taxation of Costs
Legal Issues
- 1 Whether unreceipted claims in the Bill of Costs are allowable
- 2 Calculation of allowable costs for court attendances
Ratio Decidendi
Only actual costs for court attendances supported by evidence are allowed; unreceipted and unsupported items are disallowed.
Court Disposition
Bill of Costs taxed and allowed in part
Orders
- Bill of Costs allowed for seven attendances at shs. 1060/- each, totaling shs. 7420/-
- All other items in the Bill are struck off
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT DAR ES SALtAM ...,, ... :- -·'· ..t..-•· , ._ . . __ ... , ........... ._._ ... ..... ~ PC CIVIL APPEAL 13 OF 1991 yr -SUFU SAID ••••••••••••.• APPELLANT versus. BAYA MOH/.,.MED ••••••••••• • RESPONDENT I The e,1 \Our,ts cla;i.mcd . n the Bill are unreceipted, They are 'lherefo.re ;ovl.:rn~d by Rul<. 40 and the Schedules -X, XI and XII• In t·: o present case ·,he relevant provision is item (i,) ·tf ~hedule 11x1) -to prosen1- or oppose an appeal whose S'fale·1f ·f~ed at .-:hs( 1, 100/3 but the scale applies only where par;iet are reprc3ented by advoca-t.e. Where parties are not represe1t4e14• -bhe ~.•tu~ 1~ p.9_sts incurred 1re the ones to be charged, As ! · aid earlies, no receipts have 1een pr.· esented to_gether with 'bhi• Thr; record shows tha·; the decree_. holder attended cou!'; ,.,. ~ ~i."' foll.cWi:r,g days:- 14/9/90 - Yivuko;li 25/9/90 - Kivukori 19/9/90 -- Yivukoni 23/5/91 - High Court 1/8/91 - High Co~rt 10/10/91 - High Court 15/10/91 - High .Ccurt The number of attendances is therefore SGve, and not ~enir •hree as shown in the Bill. I will etonced'e the decree holde,:- ♦he 1 .... ~ost of taxi ·transport which is shs. 1060/- as shown in the Bill. Multiplied by seven thG amount-comes to shs 7420/-, 'J.\eae is no provision for adding 50% on Bills. Also as the Bill wa• self drawn there is no cost for preparing the Bill, In the fin,.l andysis only tho attendance shown above are allowed and the reef of the i terns are truced off. The bill. is therefore truced at shs. 7420/-. Dated this 9th June 1992. ~~ W. _,,vi•µ.u1wIA TAXING MASTER--~ ----'··- ...-.. .. . ± t