thinamy entertaiment ltd others vs dino katsapas 2019 tzhccomd 149 24 april 2019

thinamy entertaiment ltd others vs dino katsapas 2019 tzhccomd 149 24 april 2019

In the absence of EFD receipts or other proof of payment for instruction and consultation/perusal fees, the court cannot award such costs, regardless of the statutory scale. The Taxing Master exercised discretion judicially in awarding Tshs 15,000,000/= for instruction fees, and there is no justification to interfere with that decision.

Citation
thinamy entertaiment ltd others vs dino katsapas 2019 tzhccomd 149 24 april 2019
Parties
Decree Holder: Thinamy Entertaiment Limited; Decree Holder: Resort World Limited; Decree Holder: Costa Ginnakopolous; Judgment Debtor: Dino Katsapas
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Review Taxation of Costs
Outcome
application dismissed
Legal Topics
Taxation of Costs, Instruction Fees, Proof of Costs, Judicial Discretion
Source Language
English
Civil Procedure Costs and Taxation Taxation of Costs Instruction Fees Proof of Costs Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Thinamy Entertaiment Limited

Decree Holder

Resort World Limited

Decree Holder

Costa Ginnakopolous

Decree Holder

Dino Katsapas

Judgment Debtor

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Review Taxation of Costs

Legal Issues

  1. 1 Whether the Taxing Master erred in law or principle in taxing off instruction and consultation/perusal fees without awarding the statutory minimum rate
  2. 2 Whether proof of payment by EFD receipts is mandatory for award of costs

Ratio Decidendi

In the absence of EFD receipts or other proof of payment for instruction and consultation/perusal fees, the court cannot award such costs, regardless of the statutory scale. The Taxing Master exercised discretion judicially in awarding Tshs 15,000,000/= for instruction fees, and there is no justification to interfere with that decision.

Court Disposition

application dismissed