anthony ngoo another vs kitinda kimaro 2016 tzca 849 5 august 2016

anthony ngoo another vs kitinda kimaro 2016 tzca 849 5 august 2016

The Taxing Officer held that, considering the complexity, importance, and work done in the appeal, a fair and reasonable instruction fee was Tshs 250,000,000, with additional costs taxed as supported by evidence, and the remainder taxed off as excessive or unsupported.

Citation
anthony ngoo another vs kitinda kimaro 2016 tzca 849 5 august 2016
Parties
Applicant/decree Holder: Anthony Ngoo; Applicant/decree Holder: Davis Anthony; Respondent/judgment Debtor: Kitinda Kimaro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 August 2016
Procedural Posture
Civil Appeal / Taxation of Bill of Costs After Appellate Judgment
Outcome
Bill of Costs partly allowed and partly disallowed (taxed off).
Legal Topics
Taxation of Costs, Instruction Fees, Assessment of Reasonable Costs, Appeal Costs
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Instruction Fees Assessment of Reasonable Costs Appeal Costs

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Parties

Anthony Ngoo

Applicant/decree Holder

Davis Anthony

Applicant/decree Holder

Kitinda Kimaro

Respondent/judgment Debtor

Procedural Posture

Civil Appeal / Taxation of Bill of Costs After Appellate Judgment

Legal Issues

  1. 1 What is the fair and reasonable amount to be taxed as instruction fees and other costs in Bill of Costs No. 25/2014 following Civil Appeal No. 25 of 2014?

Ratio Decidendi

The Taxing Officer held that, considering the complexity, importance, and work done in the appeal, a fair and reasonable instruction fee was Tshs 250,000,000, with additional costs taxed as supported by evidence, and the remainder taxed off as excessive or unsupported.

Court Disposition

Bill of Costs partly allowed and partly disallowed (taxed off).

Orders

  • Instruction fee taxed at Tshs 250,000,000.
  • Other costs taxed at Tshs 8,908,090 as detailed in ruling.