AUGUSTUS CLOSE HOLDINGS (PRIVATE) LIMITED versus THE TAXATING OFFICER and OTHERS (417 of 2024) [2024] ZWHHC 417 (16 September 2024)

AUGUSTUS CLOSE HOLDINGS (PRIVATE) LIMITED versus THE TAXATING OFFICER and OTHERS (417 of 2024) [2024] ZWHHC 417 (16 September 2024)

The Taxing Officer taxed a bill of costs without a court order granting costs, contrary to Rule 72(3) of the High Court Rules, 2021. There is a pending application challenging the taxed bill. The applicant has established urgency and a prima facie right to a stay of execution to preserve its position pending final determination. The interim relief is warranted to prevent irreparable harm.

Citation
[2024] ZWHHC 417
Parties
Applicant: AUGUSTUS CLOSE HOLDINGS (PRIVATE) LIMITED; 1st Respondent: THE TAXATING OFFICER; 2nd Respondent: THE FARMAKAS TRUST; 3rd Respondent: ANTONY ANTONIOU; 4th Respondent: PAIDAMOYO KURUNERI; 5th Respondent: CAROL HABBART; 6th Respondent: JOHN GEORGE SAMPSON; 7th Respondent: CITY OF HARARE; 8th Respondent: DIRECTOR OF WORKS
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 September 2024
Case Number
417 of 2024
Procedural Posture
Urgent Chamber Application / Interim Relief Pending Final Determination
Outcome
Interim relief granted; stay of execution ordered pending final determination.
Legal Topics
Stay of Execution, Taxation of Costs, Court Powers, Urgency
Source Language
English
Civil Procedure Stay of Execution Taxation of Costs Court Powers Urgency

Case Brief

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Parties

AUGUSTUS CLOSE HOLDINGS (PRIVATE) LIMITED

Applicant

THE TAXATING OFFICER

1st Respondent

THE FARMAKAS TRUST

2nd Respondent

ANTONY ANTONIOU

3rd Respondent

PAIDAMOYO KURUNERI

4th Respondent

CAROL HABBART

5th Respondent

JOHN GEORGE SAMPSON

6th Respondent

CITY OF HARARE

7th Respondent

DIRECTOR OF WORKS

8th Respondent

Procedural Posture

Urgent Chamber Application / Interim Relief Pending Final Determination

Legal Issues

  1. 1 Whether the Taxing Officer can tax a bill of costs without a court order granting costs
  2. 2 Whether the stay of execution should be granted pending determination of the main application
  3. 3 Whether consent to costs by withdrawal and tender amounts to a valid basis for taxation

Ratio Decidendi

The Taxing Officer taxed a bill of costs without a court order granting costs, contrary to Rule 72(3) of the High Court Rules, 2021. There is a pending application challenging the taxed bill. The applicant has established urgency and a prima facie right to a stay of execution to preserve its position pending final determination. The interim relief is warranted to prevent irreparable harm.

Court Disposition

Interim relief granted; stay of execution ordered pending final determination.

Orders

  • Execution, implementation and enforcement of the writ of execution issued in HC4608/23 is stayed pending determination of the matter.
  • Case reference in the draft order amended from HC4608/24 to HC4608/23 wherever it appears.