20010927 TZHC Dar es Salaam

. !·· . ,r.. ,. i~ ,, - ' f'~ IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISCELLANEOUS CIVIL CAUSE NO.177 OF 2000 THADEO NYAMHANGA ................. APPLICANT Versus REHEMA ALLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RESPONDENT RULING CHIPETA, J.: This is a Chamber Application made under Rule 5 of the Advocates' Remuneration and Taxation of Costs Rules, 1991. In his Ruling, the Taxing Officer taxed instruction fees at Shs. 500,000/= and appearance fees at Shs. 4,500/= per appearance. Mr. Yustus, learned counsel for the applicant, submitted that the sum of Shs.500,000/= as instruction fees was too high and that it was contrary to Rule 45 of the Rules. On fees for appearance, he submitted that that too was too high. He submitted that if the value of the suit was to be assessed ( by rent payable, then the value would be Shs. 600,000/= calculated at rent of Shs. 50,000/= per month, and so fees would be at 5% that is Shs. 30,000/=; and, in the alternative, if the value of the suit I is taken to be ten million shillings, then under Schedule lX of the Rules, instruction fees would be at the rate of 3%. With regard to appearances, he submitted that the Rules allow for Shs. 750/= per thirty minutes' appearances, he-sttbmittsd that the Rules allow-fur ~ · · and not shs. 4,500/= per appearance. ",f- l In his brief reply, Mr. Mkondya, learned counsel for the respondent, submitted that because of devaluation the Rules are no longer followed and that he put in a lot of work in preparing for the case. To start with, I do not agree that the case was involving. As correctly stated by the Taxing Officer the case was not a complicated one. Both the· facts and points of law lay in a narrow compass. There was, therefore no reason for departure from the Rules. Secondly, I do not thinVthat devaluation in such cases can be a good reason for violating statutory law. That might have been a relevant factor had the question been assessment of general damages. ) -✓ For those reasons and taking the value of the suit to have been ten million shillings, then under Schedule IX of the Rules, the correct rate is 3% as instruction fees. I accordingly reduce instruction fees from Shs. 500,000/= to Shs.300,000/=. With regard to fees for appearances, no reason has been given by the Taxing Officer for departing from the Rules. The Rules provide for Shs.750/= for attendance per 15 minutes or pait thereof. In the instant case, there were a total of 14 appearances, none of which, in my view, could·have exceeded 15 minutes save for the day on.which the appeal was heard, for which I would allow one hour. For those appearances, therefore, the total fees ought to be Shs. 12,750/=. In the upshot, I reduce the total fees payable from Shs. 563,000/= to ( Shs.312,750/=. B. D. (!//J1d~ 1PETA JUDGE 27/9/2001 · Coram: F.S.K. Mutungi-DR Mr. Eustace: for the Applicant Mr. Mkondya: for the Respondent CC: Mavura Court: Ruling read this 27/9/2001 in comi before F.S.K. Mutungi. Ruling in the presence of Counsel Eustace for the applicant and Mr. Mkondya for the Respondent. I - I __, (Sgd): F.S.K. Mutungi District Registrar 27/9/2001 (