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Tanzania decisions
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The High Court varied a taxation decision, reducing the assessed costs from TZS 824,000 to TZS 380,000 after finding unexplained and unsupported items.
Applicant demonstrated diligence and absence of inordinate delay by promptly requesting the ruling and filing the application within ten days of receipt; extension of time is warranted.
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The High Court at Musoma dismissed an application for extension of time to challenge taxation, finding no apparent illegality in the taxing officer’s ruling.
The High Court dismissed a reference challenging taxation of costs, holding the Taxing Master acted within the prescribed scale and proper discretion.
The application was dismissed because the applicant failed to file written submissions as ordered, which constitutes failure to prosecute the application.
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The court has no jurisdiction to entertain revision against the decision of the taxing officer; such challenge must be by reference as provided by statute. The application is incompetent and must be struck out.
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The delay in service was occasioned by administrative constraints and did not prejudice the respondents; procedural rules should not defeat substantive justice. The Taxing Master's assessment of costs lacked proper application of established principles and justification of quantum. The taxed amount is set aside and the matter remitted for fresh taxation in accordance with the principles outlined in Premchand Rainghand Ltd.
Source excerpt
More than one sixth of the total amount of the bill of costs, exclusive of court fees, was disallowed; therefore, the Respondent was not entitled to the costs of such taxation as per Order 48 of the Advocates Remuneration Order.
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The High Court held that a bill of costs should be taxed by the highest court that finally determined the matter, and quashed the lower courts’ orders for want of jurisdiction.
The High Court dismissed a reference against taxation of costs, holding that the applicant failed to prove entitlement to the amounts claimed or that an advocate had been engaged.
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