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Civil procedure 12

12

The High Court dismissed a reference challenging taxation of costs, holding the Taxing Master acted within the prescribed scale and proper discretion.

  • Taxation of costs
  • Advocates remuneration
  • Discretion of taxing master
  • Taxation-of-costs
  • Advocates-remuneration
  • Taxing-master-discretion
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Civil procedure Ruling Civil Reference No

Ruling Civil Reference No

The taxing master erred in principle by failing to consider the applicant's age and health in assessing transport costs, by requiring receipts for private transport, by taxing off instruction fees despite evidence of advocate engagement, and by failing to exercise discretion in awarding costs for prosecuting the Bill of Costs. The court varied the awards to reflect reasonable costs based on the evidence and legal principles.

  • Taxation of costs
  • Instruction fees
  • Discretion of taxing master
  • Private transport costs
  • Proof of costs
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Civil procedure joseph magesa chilaye vs access bank tanzania ltd 2023 tzhc 23373 12 december 2023

joseph magesa chilaye vs access bank tanzania ltd 2023 tzhc 23373 12 december 2023

The High Court dismissed a reference challenging taxed costs, holding that an alleged notice of appeal did not bar taxation and the taxing master acted within discretion.

  • Jurisdiction after notice of appeal
  • Taxation of costs
  • Discretion of taxing master
  • Taxation-of-costs
  • Notice-of-appeal
  • Taxing-masters-discretion
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Civil procedure nicodemus hassan vs monica lalundi 2022 tzhc 15504 19 december 2022

nicodemus hassan vs monica lalundi 2022 tzhc 15504 19 december 2022

The High Court dismissed a reference challenging taxation of costs, holding that receipts were not required and the taxing master had properly exercised discretion.

  • Bill of costs
  • Taxation of costs
  • Proof of costs
  • Discretion of taxing master
  • Taxation-of-costs
  • Bill-of-costs
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Civil procedure finca tanzania ltd vs shabani said mganda 2022 tzhc 15056 2 december 2022

finca tanzania ltd vs shabani said mganda 2022 tzhc 15056 2 december 2022

The Taxing Master acted within the discretion provided by Order 48 of GN 264 of 2015, and there was no misapprehension of law or improper exercise of discretion. The applicant was not entitled to have the entire bill disallowed.

  • Taxation of costs
  • Discretion of taxing master
  • Interpretation of order 48 gn 264 of 2015
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Civil procedure finca tanzania ltd vs shabani said mganda 2022 tzhc 15163 2 december 2022

finca tanzania ltd vs shabani said mganda 2022 tzhc 15163 2 december 2022

The Taxing Master was legally justified in exercising discretion under Order 48 GN 264 of 2015, and there was no misapprehension of law. The reference is dismissed as the discretion was properly exercised.

  • Taxation of costs
  • Discretion of taxing master
  • Interpretation of order 48 gn 264 of 2015
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Civil procedure shahista adams vs jitesh jayantilal walji ladwa another 2022 tzhclandd 119 22 february 2022

shahista adams vs jitesh jayantilal walji ladwa another 2022 tzhclandd 119 22 february 2022

The Taxing Master erred by applying the scale for liquidated sums to a land dispute and failed to exercise discretion under Order 12(1) of the Remuneration Order. The taxed instruction fees were excessive given the case's lack of complexity and early resolution. The taxed amount is reduced to what is reasonable in the circumstances.

  • Taxation of costs
  • Advocate remuneration
  • Instruction fees
  • Discretion of taxing master
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Civil procedure joachim ndelembi vs maulid m mshindo 2 others 2021 tzhclandd 6981 30 november 2021

joachim ndelembi vs maulid m mshindo 2 others 2021 tzhclandd 6981 30 november 2021

The High Court upheld a taxing master’s discretion on costs taxation and dismissed a reference challenging costs awarded below one-sixth of the bill.

  • Taxation of costs
  • Advocates remuneration order
  • Discretion of taxing master
  • Taxation-of-costs
  • Advocates-remuneration-order
  • Taxing-master-discretion
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Civil procedure david livingstone memorial and bagamoyo zoological society park ltd vs dodsal hydrocarbons and power t pvt ltd 2021 tzhclandd 6941 18 november 2021

david livingstone memorial and bagamoyo zoological society park ltd vs dodsal hydrocarbons and power t pvt ltd 2021 tzhclandd 6941 18 november 2021

Where more than one-sixth of the total amount claimed in a bill of costs is taxed off, the entire bill of costs must be disallowed under Order 48 of the Advocates Remuneration Order. The taxing master erred by not disallowing the bill in its entirety when more than one-sixth was taxed off.

  • Interpretation of order 48 of advocates remuneration order
  • Taxation of costs
  • Discretion of taxing master
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