Joakim Kalembwe vs M.N. Mwalima (Misc Civil Appeal No. 8 of 1997) [1999] TZHC 426 (10 December 1999)

. . . . . . . ' . b· b · A · r'nTvvA f2..A IN THE HIGH COURT OF TANZANIA AT MBBYA ORIGINAL JURISDICTION (Mbe:ya ,Ree;istr_y) HISC-o. CIVIL APFinAL- NO., 8 OF 1997 . JOACKIM KALTI;MBWE •••••••••••••••••••••o Versus M. N. M\tl AMLIMA eoaae•ooooo••ooooooooooo• RULING "APPELLANT RESPONDENT This ruling follows a bill of costs filed at the sum of Tshs.5,032 1 6000/= by the decree holders., There was no dispute as far as items Noo 2 - 9 were c concerned so I tax them 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. Mr. Mkumbe appearing for the judgement debtor bitterly objE;cted to tt.tis saying that the liquidator Attorne.Y General•s should get free legal advise from the L Chambers and that even the_ members of the coop. were not consult,d 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 ·-e• Chambers refused to teke up the matter so the liquidator had to enga 6 t:: a. private advocate and that even if the liquidator would have used th0 ervices ofA:: Chambers, they would also be paid costs as well and that cannot be said to b;, free service. As for the members consent he a.lleged 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 decree-- 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 chru-ged is in accordance to a certain -~~,..,tage of the total value of the properties in dispute. Now the value of tr,c.: properties in this cas0 is over Tshs. 100,Million whose percentage is of ?. .Ste.nds at almost Tshs. :·. Million , this I believe that the said fees chargE:d under items No. 1 is fair and I accordingly lee.ve it as it stands. Taxation is thus granted at Tshs.5,032,6001..= P..S prayed for. ••••• /2 S.A.N. Wambura D/RED IBTR~R 9/1.2/999

'· 2 Decree Holder - Hbise Advo Presento . . . ...,r Judc;;ement Debtor - Hkumbe,' Adva Absento· qeliv,2red in. open .Chamb~r 9 this 10th day of December, .. ·.' :ti ,;;;· 4 ..... { -· 'I I .. .,1, . f .J i , i:· S.A.N; Warnbura DISTRICT RIDISTRI\R ,.· 16/i 2/1 <i99