africa.law — Free African Legal Information

Judgment

- IN THE HIGH COURT OF TANZANIA AT MBEYA ORIGINAL JUIISDICTION
(Mbeya Registry) MISC. CIVIL APPEAL NO0 8 OF 1997 JOACKIMKALEMBWE APPELLPLNT Versus N • N. MWAMLIMA . . . • , 0 0 • • • • • RE'PONDENT R U L I N G 'MBURA , DR This ruling follows a bill of costs filed at the sum of Tshs.5,032,6000/= : by the decree holders0 There was no dispute as far as items No 0 2 - 9 were c concerned so I tax thorn as they stand. The only dispute was in respect to item No.1 being instruction fees which is high due to the value of the properties involved in this suit 0 Mr. Mkumbe appearing for the judgement debtor bitterly objected to tiis saying S that the liquidator Attorney GeneraL' 5 should get free legal advise from the I Chambers and that even the members of the coop. were not consultd to issue their consent. More- over he alleged that no receipt had been produced to prove the same. Ags. In defending this item Mr. Mbise urged that the g. Chambers refused to take up the matter so the liquidator had to enga;e i private advocate Ags. and that •even if the liquidator would have used the srvices of Chambers, they would also be paid costs as well and that cannot be said to b; free service 0 As for the members consent he alleged that none in existence thats why a liquidator had been appointed to take over the property of the Coop. He said since he'was the one who appeared for the decree7 holder he cannot be doubted for he cannot disclose the agreement between him and his client but he could produce the receipt if it is so insisted I believe that the fees charged is in accordance to a certain ''tage of the total value of the properties in dispute.; Now the value of the properties in this case is over Tshs..100,Million whose percentage is of 7. Stands at almost Tshs,.'- Million this I believe that the said fees charged under items No. 1 is fair and I accordingly leave it s it stands 0 Taxation is thus granted at Tshs.5,032 ,60o as prayed for, S.A.N. Wambura D/PEYJ LTW.R 9/12/999 • 0 0 • ./ 2

Judgment

- IN THE HIGH COURT OF TANZANIA AT MBEYA ORIGINAL JUIISDICTION
(Mbeya Registry) MISC. CIVIL APPEAL NO0 8 OF 1997 JOACKIMKALEMBWE APPELLPLNT Versus N • N. MWAMLIMA . . . • , 0 0 • • • • • RE'PONDENT R U L I N G 'MBURA , DR This ruling follows a bill of costs filed at the sum of Tshs.5,032,6000/= : by the decree holders0 There was no dispute as far as items No 0 2 - 9 were c concerned so I tax thorn as they stand. The only dispute was in respect to item No.1 being instruction fees which is high due to the value of the properties involved in this suit 0 Mr. Mkumbe appearing for the judgement debtor bitterly objected to tiis saying S that the liquidator Attorney GeneraL' 5 should get free legal advise from the I Chambers and that even the members of the coop. were not consultd to issue their consent. More- over he alleged that no receipt had been produced to prove the same. Ags. In defending this item Mr. Mbise urged that the g. Chambers refused to take up the matter so the liquidator had to enga;e i private advocate Ags. and that •even if the liquidator would have used the srvices of Chambers, they would also be paid costs as well and that cannot be said to b; free service 0 As for the members consent he alleged that none in existence thats why a liquidator had been appointed to take over the property of the Coop. He said since he'was the one who appeared for the decree7 holder he cannot be doubted for he cannot disclose the agreement between him and his client but he could produce the receipt if it is so insisted I believe that the fees charged is in accordance to a certain ''tage of the total value of the properties in dispute.; Now the value of the properties in this case is over Tshs..100,Million whose percentage is of 7. Stands at almost Tshs,.'- Million this I believe that the said fees charged under items No. 1 is fair and I accordingly leave it s it stands 0 Taxation is thus granted at Tshs.5,032 ,60o as prayed for, S.A.N. Wambura D/PEYJ LTW.R 9/12/999 • 0 0 • ./ 2

Joackim Kalembwe vs M. N Mwamlima (MISC. CIVIL APPEAL NO. 8 OF 1997) [1999] TZHC 256 (10 December 1999)

Judgment

Discussion

Joackim Kalembwe vs M. N Mwamlima (MISC. CIVIL APPEAL NO. 8 OF 1997) [1999] TZHC 256 (10 December 1999)

Judgment

Discussion