stanbic bank t ltd vs pg associates ltd 2 others 2009 tzhccomd 13 3 march 2009

stanbic bank t ltd vs pg associates ltd 2 others 2009 tzhccomd 13 3 march 2009

The defendants/applicants failed to show sufficient cause for their omission to appear at the taxation proceedings, having been properly served. The Taxing Master's award of 3% as instruction fee was the minimum under the rules and not manifestly excessive or unconscionable. No basis exists for the court to interfere with the Taxing Master's decision.

Citation
stanbic bank t ltd vs pg associates ltd 2 others 2009 tzhccomd 13 3 march 2009
Parties
Plaintiff/respondent: Stanbic Bank Tanzania Limited; 1st Defendant/applicant: P.G. Associates Limited; 2nd Defendant/applicant: Philip Adam Wentzel Griessel; 3rd Defendant/applicant: Pradeepkumar Lalji Gajjar
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 March 2009
Procedural Posture
Commercial Case / Ruling on Application for Extension of Time and Reference Against Taxing Master's Decision
Outcome
Application dismissed; Taxing Master's decision upheld.
Legal Topics
Taxation of Costs, Extension of Time, Service of Process, Judicial Discretion
Source Language
English
Civil Procedure Commercial Law Taxation of Costs Extension of Time Service of Process Judicial Discretion

Case Brief

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Parties

Stanbic Bank Tanzania Limited

Plaintiff/respondent

P.G. Associates Limited

1st Defendant/applicant

Philip Adam Wentzel Griessel

2nd Defendant/applicant

Pradeepkumar Lalji Gajjar

3rd Defendant/applicant

Procedural Posture

Commercial Case / Ruling on Application for Extension of Time and Reference Against Taxing Master's Decision

Legal Issues

  1. 1 Whether the defendants/applicants were properly served with notice of taxation of bill of costs
  2. 2 Whether sufficient cause was shown for extension of time to file objection to the Taxing Master's decision
  3. 3 Whether the Taxing Master's award of 3% as instruction fee was excessive or unjustified

Ratio Decidendi

The defendants/applicants failed to show sufficient cause for their omission to appear at the taxation proceedings, having been properly served. The Taxing Master's award of 3% as instruction fee was the minimum under the rules and not manifestly excessive or unconscionable. No basis exists for the court to interfere with the Taxing Master's decision.

Court Disposition

Application dismissed; Taxing Master's decision upheld.

Orders

  • Reference dismissed
  • Bill of costs taxed at TZS 31,189,203.62 upheld