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.
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.
The High Court dismissed a reference challenging taxation of costs, holding that receipts were not required and the taxing master had properly exercised discretion.
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.
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.
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.
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.
Civil proceduredavid 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.
Source excerpt
Interpretation of order 48 of advocates remuneration order