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Tanzania decisions
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The High Court at Mwanza taxed a costs bill after withdrawal of the main application, allowing instruction fees, reduced attendance and disbursements, and fees for the taxation.
The High Court taxed a bill of costs arising from a land application, reducing the claimed instruction fee and allowing limited attendance, disbursements, and taxation costs.
High Court ruling partly allowed a challenge to taxation of costs, reducing the taxed amount from TZS 6,475,000 to TZS 3,220,000.
The application was filed beyond the prescribed limitation period of 21 days and no extension of time was sought; therefore, it must be dismissed with costs.
Source excerpt
The High Court upheld a taxing master's costs ruling, finding the TZS 1,820,000 bill, including a TZS 1,000,000 instruction fee, was not excessive.
The Taxing Officer was justified in departing from prescribed instruction fees due to complexity but the extent of departure was excessive; instruction fees reduced to TZS 10,000,000/=. Appearance costs must follow prescribed scale; reduced to TZS 200,000/= for four days. Costs for attending bill of costs were properly awarded at TZS 1,000,000/= in discretion. Disbursements and filing fees remain intact.
Source excerpt
The applicant was not denied the right to be heard but failed to comply with submission deadlines; the one-sixth principle was not violated as the disallowed costs did not exceed one-sixth of the bill exclusive of court fees; transport and travel costs were excessive and unproven, warranting reduction and taxation off; costs for preparing WSD, Bill of Costs, Tribunal fees, and disbursements were retained.
Source excerpt
The taxing officer was justified in determining the bill of costs despite a pending Notice of Appeal, as such notice does not stay taxation. The instruction fee awarded exceeded the prescribed scale without sufficient justification and was reduced to a reasonable amount. The award of transport costs was proper as the taxing officer was not required to demand receipts and the amount was reasonable given the circumstances.
Source excerpt
Paragraphs 5 and 7 of the affidavit contained legal arguments and not facts, making them extraneous and defective. After expunging these paragraphs, the remaining affidavit was insufficient to support the application, rendering the application incompetent.
Source excerpt
A Tanzanian High Court land reference partly succeeded, reducing taxed costs after finding the instruction fee exceeded the statutory limit.
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