st bernards hospital co ltd vs crdb bank ltd 2011 tzhccomd 2041 16 december 2011

Instruction fees and other costs must be assessed based on the complexity, time, research, and conduct of parties, but must not be excessive; the taxing master has discretion to depart from outdated scales to ensure fair compensation without punishing the losing party.

Citation: st bernards hospital co ltd vs crdb bank ltd 2011 tzhccomd 2041 16 december 2011
Parties: Plaintiff/decree Holder: ST. Bernard’s Hospital Co. Ltd; Defendant/judgment Debtor: CRDB Bank Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 16 December 2011
Procedural Posture: Commercial Case / Taxation of Bill of Costs After Judgment
Outcome: Bill of costs taxed and allowed in part.
Legal Topics: Taxation of Costs, Instruction Fees, Compensation of Successful Party, Principles for Awarding Costs
Source Language: English

Civil Procedure Costs and Taxation Taxation of Costs Instruction Fees Compensation of Successful Party Principles for Awarding Costs

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 7

Parties

ST. Bernard’s Hospital Co. Ltd

Plaintiff/decree Holder

CRDB Bank Ltd

Defendant/judgment Debtor

Procedural Posture

Commercial Case / Taxation of Bill of Costs After Judgment

Legal Issues

1 Whether the instruction fees and other costs claimed by the decree holder are reasonable and should be awarded as claimed

Ratio Decidendi

Court Disposition

Bill of costs taxed and allowed in part.

Orders

Instruction fees taxed at Tzs. 7,000,000 instead of Tzs. 10,000,000 claimed.
Appearance for mention/collecting/serving documents taxed at Tzs. 15,000 each for specified items, totaling Tzs. 210,000.