19941007 TZHC Dar es Salaam
Instruction fees claimed were excessive given the lack of trial and the nature of the pleadings; taxed at a lower amount in accordance with the Advocates Remuneration and Taxation of Costs Rules, 1991.
Source-derived case information.
- Citation
- 19941007 TZHC Dar es Salaam
- Parties
- Decree Holder: Al-Amin; Decree Holder: Wahadi Twaluti; Defendant: The Registered of Hasjid Kamani; Defendant: Mussa Moidi; Defendant: Hassan Bilatela
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 October 1994
- Procedural Posture
- Civil / Taxation of Costs Post Judgment
- Outcome
- Bill of costs taxed ex parte; instruction fees reduced.
- Legal Topics
- Taxation of Costs, Trust Administration, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Al-Amin
Decree Holder
Wahadi Twaluti
Decree Holder
The Registered of Hasjid Kamani
Defendant
Mussa Moidi
Defendant
Hassan Bilatela
Defendant
Procedural Posture
Civil / Taxation of Costs Post Judgment
Legal Issues
- 1 Whether the bill of costs as presented should be taxed and at what amount
- 2 Whether instruction fees claimed were reasonable given the circumstances
Ratio Decidendi
Instruction fees claimed were excessive given the lack of trial and the nature of the pleadings; taxed at a lower amount in accordance with the Advocates Remuneration and Taxation of Costs Rules, 1991.
Court Disposition
Bill of costs taxed ex parte; instruction fees reduced.
Orders
- Instruction fees taxed at Shs. 300,000/=
- Other items allowed as claimed
Full Case Text
Judgment text and source record
1 paragraphs
-~fl\<' "- '· ,:, .. I . '•.\ IN TIS HIGH COURT OF· TAFZAliill. AT DA.a. :S SALAAM CIVIL CASE NO, 108 OF 1290 • • • ~'llff ADJTiyffil 1. Al-'T?iHT\ :.u:Lti..U 1~-TTT:',A'Oi.T!'A 'J.~J.i..J,u.&.i..t...i.\.U, •• • • • • e • • • • • • • • 0 V • 0 ••• 8 •• 0 u u • O • ~ .~1 , 1· 2. WAH.ADI TWALUTI g : I s : s : ' ' : s : : g g s : I 11 Versus 1. THE R.EQIST~.:ill) OF HASJID ~A.i1AII ) 2. MUSSA M:OIDI : : n n n : ts : n : : i n ) DEPF.NDllJ.TT 3. HASSAN i:iLi,TELA : : 11 : 1 : : : : : z: =: ~ : : ! ) RULIN'O _.,_ A. R. Ma.."lonto - SDR - HC: This bill of cost is taxed oxparto £or tho rcaoon that tho judgr.>ont dobtor fa.Hoo to attcncl the Court for 11.0 la1ow reason. ilhaji Mcbora and Advocate wore served or~ 7/9/1994 for hcarinc 011 23/9/94 but thoy never turned up. Mr. Marru1d.o advocate, thon suocoasifuly moved tho Oourt to proocod. oxparto. In his submissions, itir. Marando Mvooti.to said that tho -plaint wa.s ,, ! I a 1011g one, containing 28 pa.:r.acraphs a.nd r;;cvo~1 pra,yora, and thcrof'oro / .• _the ·wri tton s~atomcnt of dofonco was equally 10113 and well rosoa.chcd. as tho matter involved two trustees of a rcligio\13 building. ·nosid.o.s the . plaint, ho ll~id that thoro wa.s ~- chamber a,pplio~tion 'Which was repMod .L ,illrfto by tho dependant. Due to tho fa.rt that tho wri tton Sta:ljomont of dof'onco had raioed. iss- ues which the plaintiff failed to reply and no more intorcst, tho suit w was struck off by tho honourable judge on 23/4/91. Mr. Marando submitted further thut <lS tho rmit invo].-wd among other things, the ad..'Jinietration o:f tho trust ;;iropat:,, \thioh included. a mosquo and a iocondary School, its value is vor7 hich, thaugh no ost!Jla,tion was mad.0. 500,000/• Wi tho that, ho oubrai ttod. that in 0tru.otion t'oos 91' Sha. to the advocate was hi tho lowest sid,o. Fi:.tallytltQ said. items two (2) to seven (7) arc as por ;;o-~·orrJ01:.t notice 1To. 515 of 1991• Thal~ is one main isst1..o i:::1 contro nasial in tl11f bill of cost. Tho !llld not really a. possion of tl::.o . whole issue in tho plaint H.::s a ·lust for powo:;..• in thq trusi; proput7 contrc. Thnt was why the vaJ.,uc of . tho proporty was not rai:::;od. No trial was d_ono 1 ua.l~ tho r.m.ttor d ~ t o r tho pleadll,gs were i·oady, 2 Though Mr. Marando submitted that instruction foes to defend of half a million 1ras ir1 tho lon side, I fail to sharo that views. I agree that the plaint was very long a11Il that ho ~ot proper instructiona froJ:1 tho do:fonda.nts, who were vo1~y mueh convonsant with tho farts that his work was not as had as one could think in pro paring tho u:d tton sta tcmcnt of dofanco . As to itoras two to seven, I agree that they arc as per .Ad.vooatos Rcmunu- ra.tion and taxation of costs Rules, 1991• Ito1;1 no. one is therefore ta.xod to Shs, 300,000/c as instruction fees and tho other items a.re loft as they arc~ Hanoo tho whole bill of cost is t~od at Shs. 300,GfAQ/=. A. R. Manon to -SDR - HC 1/10/94 u'.loL~ Coram, A. Ro Ma11or1to - SDR - HO Mr. Marru.1do for tho dccroo holder. CC: Miss Ko~1ba. Court;: Tho bill of cost is road oxparto • • tII\\j \ ·' · --· r-~--- \ \·•·--· . ·f . .,._ . ., A. B.. Ma.non to - SDR - HO 1/10/94