URU SHIMBWE RURAL PRIMARY CO-OPERATIVE SOCIETY V. MARY SIRIL CHUWA AND OTHERS, HIGH COURT (2019)

Sh 15,000.00

Category:

Description

Advocates Remuneration – excessive claims – direction to tax a lesser sum – excessive bill of costs – instruction fees – fees against each respondent – proceedings leading to the taxation cause terminated before trial

  • Order 48 of the Advocates Remuneration Order (on excessive claims) is not mandatory. Even if the claim would have been found excessive, the Taxing Master still has direction to allow it and tax a lesser sum (p. 13).
  • The High Court confirmed the decision of the Taxing Officer which allowed an excessive bill of costs (p. 13).
  • A claim of instruction fees in a taxation cause was reduced from TShs. 1,298,890,000 to TShs. 5,000,000 because the proceedings leading to the taxation cause were terminated before trial (p. 15).
  • Claim of Instruction fees against each respondent – the court refused to award fees against each respondent because the proceedings leading to the taxation cause were terminated before trial (p. 15).