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The High Court rejected a taxation reference, holding that the Ninth Schedule did not apply to this land dispute and that the taxed instruction fee was lawful.
The High Court dismissed a reference challenging taxation, upholding the 3% instruction fee, rejecting double-taxation objections, and affirming a separate Tshs.130,000 award.
The High Court held the taxation reference was filed in time, but agreed the taxing officer failed to properly apply Order 48 on excessive bills of costs and quashed the taxation decision.
The delay in service was occasioned by administrative constraints and did not prejudice the respondents; procedural rules should not defeat substantive justice. The Taxing Master's assessment of costs lacked proper application of established principles and justification of quantum. The taxed amount is set aside and the matter remitted for fresh taxation in accordance with the principles outlined in Premchand Rainghand Ltd.
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More than one sixth of the total amount of the bill of costs, exclusive of court fees, was disallowed; therefore, the Respondent was not entitled to the costs of such taxation as per Order 48 of the Advocates Remuneration Order.
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The High Court dismissed a reference against taxation of costs, holding that the applicant failed to prove entitlement to the amounts claimed or that an advocate had been engaged.
The bill of costs was filed 22 days after the expiry of the prescribed 60-day period without leave, rendering the tribunal without jurisdiction to tax it; thus, the proceedings and ruling were a nullity.
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Since the respondent filed a counter affidavit to contest the application, it was properly treated as an opposed application and the instruction fee of TZS 1,000,000 was appropriate under the Advocates Remuneration Order, 2015.
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The court found that the taxing officer acted on correct principles in taxing off transport costs due to lack of evidence of medical necessity, but erred in merging advocate's transport and attendance fees and in taxing off costs for attending the taxation cause. The instruction fee was properly taxed off due to lack of evidentiary support in the applicant's affidavit. The court exercised its discretion to increase the total awarded costs to Tshs. 654,000/=.
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The taxing officer erred in awarding excessive instruction fees and costs for drafting without proper evidence or reasoning. The court substituted the instruction fees and drafting costs with amounts deemed reasonable under the Remuneration Order, reducing the total award to Tshs. 1,360,000/=.
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