20130705 TZCA Dar es Salaam

20130705 TZCA Dar es Salaam

The Taxing Master held that while the appellant's work was substantial and justified a significant award, the amount claimed for instruction fees was excessive and not commensurate with the effort. The court applied the principles of reasonableness and proportionality under the Court of Appeal Rules and relevant case law, allowing only part of the claimed costs and taxing off unsupported or excessive items.

Citation
20130705 TZCA Dar es Salaam
Parties
Appellant/decree Holder: Godfrey M. Makori; Respondent/judgment Debtor: His Excellency the President of the United Republic of Tanzania; Respondent/judgment Debtor: The Attorney General of the Government of the United Republic of Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 July 2013
Procedural Posture
Civil Appeal / Taxation of Bill of Costs After Appeal Judgment
Outcome
partly allowed
Legal Topics
Taxation of Costs, Instruction Fees, Public Service Employment Termination, Prerogative Writs, Costs Assessment
Source Language
English
Civil Procedure Employment Law Administrative Law Taxation of Costs Instruction Fees Public Service Employment Termination Prerogative Writs Costs Assessment

Case Brief

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Parties

Godfrey M. Makori

Appellant/decree Holder

His Excellency the President of the United Republic of Tanzania

Respondent/judgment Debtor

The Attorney General of the Government of the United Republic of Tanzania

Respondent/judgment Debtor

Procedural Posture

Civil Appeal / Taxation of Bill of Costs After Appeal Judgment

Legal Issues

  1. 1 Whether the instruction fees and other costs claimed by the appellant are reasonable and justified under the Court of Appeal Rules 2009
  2. 2 Whether the appellant proved the claimed attendances and disbursements

Ratio Decidendi

The Taxing Master held that while the appellant's work was substantial and justified a significant award, the amount claimed for instruction fees was excessive and not commensurate with the effort. The court applied the principles of reasonableness and proportionality under the Court of Appeal Rules and relevant case law, allowing only part of the claimed costs and taxing off unsupported or excessive items.

Court Disposition

partly allowed

Orders

  • Bill of costs taxed at Tshs. 10,509,000/=
  • The remainder of the claimed costs is taxed off.