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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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The application lacks merit as the Taxing Officer's award of costs was correct, based on statutory scales and proper exercise of discretion. The absence of receipts does not invalidate the award, and the familial relationship between parties is irrelevant to the legal entitlement to costs.
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The High Court dismissed a taxation reference and upheld an award of TZS 10 million in instruction fees, finding the taxing officer properly exercised discretion.
The High Court upheld a taxed bill of costs and dismissed a reference, holding the applicant was bound by the instruction fee he had suggested.
The High Court dismissed a reference challenging taxation of costs, holding the taxing master had exercised discretion judicially and the award was lawful.
The Taxing Officer exercised her discretion judiciously in awarding instruction fees based on the amount that proceeded to full trial and the complexity of the matter. However, court attendance fees should have been taxed off as they are included within instruction fees.
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The taxing master failed to apply the prescribed scale for attendance and instruction fees and did not exercise judicial discretion properly. The court set aside the taxed amounts and substituted them with awards based on the correct legal scales and principles.
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Instruction fees do not require proof by receipts or remuneration agreement; the taxing officer must exercise discretion within statutory scales and relevant factors. However, the amount awarded must be reasonable and consistent with the nature and complexity of the case. In this matter, the TZS 10,000,000.00 awarded was excessive given the non-complexity of the appeal, and is reduced to TZS 5,000,000.00.
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