Tanzania Case Law

firoz haiderali jessa 2 others vs diamond trust bank kenya co ltd 2024 tzhccomd 11 9 february 2024

Court

TZHCCOMD

The court held that although the preliminary objection on res judicata was overruled due to differences in subject matter between the references, the present application was incompetent as the proper procedure after dismissal for want of prosecution was to seek restoration, not to file a reference. The applicants had already unsuccessfully pursued restoration and reference, and the current application was a misplaced attempt to reopen matters already determined or time barred. The reference was thus struck out as incompetent.

Source excerpt

• Res judicata
• Taxation of costs
• Jurisdiction of taxing officer
• Limitation of actions

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sweetbert mathias kutaga duly appointed attorney of aliraza kassamali rajan vs kishan ravji varsan 2023 tzhclandd 17147 24 november 2023

Court

TANZLII

The filing of a notice of appeal does not bar the Taxing Officer from proceeding with taxation of costs; the award of Tshs 3,000,000 as instruction fees was excessive given the Respondent's lack of contest and substantive work, and is reduced to Tshs 1,000,000.

Source excerpt

• Taxation of costs
• Jurisdiction of taxing officer
• Effect of notice of appeal on taxation proceedings
• Instruction fees

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exim bank tanzania ltd vs m five b hotels and tours ltd 2023 tzhccomd 292 8 september 2023

Court

TZHCCOMD

The High Court granted Exim Bank leave to appeal to the Court of Appeal on six arguable points about taxation, costs, and liquidated damages.

• Leave to appeal
• Taxation of costs
• Liquidated damages
• Advocates remuneration
• Jurisdiction of taxing officer
• Leave-to-appeal

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ncba bank t ltd vs dr mary andrew mgonja 2023 tzhccomd 298 23 august 2023

Court

TZHCCOMD

The High Court upheld taxation jurisdiction despite a notice of appeal, rejected the complaint that the applicant was not heard, and increased the instruction fee.

• Jurisdiction of taxing officer
• Instruction fee assessment
• Right to be heard
• Principles of taxation of costs
• Taxation-of-costs
• Instruction-fee

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Maombi Madogo

Court

TANZLII

The application for extension of time is granted on the ground of likelihood of illegality, as the Taxing Officer's order striking out the Bill of Costs with leave to refile was made without jurisdiction under the Advocates Remuneration Order, 2015. The proper remedy is by reference to a Judge of the High Court, and the applicant is granted 14 days to file such reference.

Source excerpt

• Extension of time
• Taxation of costs
• Jurisdiction of taxing officer
• Application of civil procedure code
• Reference procedure under advocates remuneration order

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komarera heritage gold mine co ltd and 4 others vs chacha silas and 2 others 2021 tzhccomd 3444 6 december 2021

Court

TZHCCOMD

The High Court set aside a taxing officer’s decision that struck out an entire bill of costs and ordered fresh taxation before another taxing officer.

• Taxation of costs
• Jurisdiction of taxing officer
• Advocates remuneration order
• Principles of taxation
• Taxation-of-costs
• Advocates-remuneration-order

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komarera heritage gold mine co ltd 4 others vs chacha silas 2 others 2021 tzhccomd 3512 6 december 2021

Court

TZHCCOMD

The Taxing Officer breached principles of taxation by excluding court fees and failing to tax remaining items after disallowing instruction fees; Order 48 should be sparingly used and principles under Order 12 must be applied. The jurisdiction to tax the bill should be exercised by another Taxing Officer.

Source excerpt

• Taxation of costs
• Advocates remuneration
• Jurisdiction of taxing officer

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eric sikujua ngmaryo vs joseph sinde warioba 2005 tzca 100 27 january 2005

Court

TZCA

The High Court Judge lacked jurisdiction to tax the advocate's bill; only a taxing officer has such powers. The Judge's Ruling was therefore without jurisdiction and must be quashed.

Source excerpt

• Taxation of costs
• Jurisdiction of taxing officer
• Powers of high court
• Liquidation proceedings

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20001214 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal dismissed a combined bill of costs because it included High Court items. Those costs must be taxed separately by the proper court officers.

• Taxation of costs
• Jurisdiction of taxing officer
• Court of appeal procedure
• Taxation-of-costs
• Court-of-appeal-procedure
• Jurisdiction

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20000308 TZCA Dar es Salaam 1

Court

TZCA

The Court of Appeal Taxing Officer lacks jurisdiction to tax the remuneration of an advocate who represented a party in both the High Court and the Court of Appeal; such remuneration must be taxed in the High Court.

Source excerpt

• Taxation of costs
• Jurisdiction of taxing officer
• Remuneration of advocate

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