Juma Haji vs Julius Edmund (Taxation Cause No.1 2 of 1998) [1998] TZHC 2489 (28 August 1998)

) . ,--- i. ·:<'.":.,: .• : .. IN TI-IE HIGH COURT OF TANA AT. ARUSHA TTICN CAUSE NO. 12 OF 1998 ( c/f Misc;Ci;v.Appl. No. 23/98) -JUMA HA.JI· • •••• • ••• • •• • •• • •· APPLICANT . Versus JULIUS :EDMUND Rur,r·NG. W 1 ·N, B, JCAPAYA, TAXING OFFICER This case arises .from Misc.Civ.application no. 2.3/98-<.wherein Mr. Lundu, iearned_ Counsel who appeared for_ the respondent/applicant . . . filed an applicatiorl- under the provisions of section 14(1) of the Law_ f Limitation· Act, 1971. That application was dismissed ·with ces. The applicant then filed this cause. There are twelve items amounting ·to shs 228200:00. Orr item 1 shs 5. 000 :00 is clail_ned as legal fees and shs 4000 :00 as transport: . - . ' . ,_ . . . charges t.o see a lawy~. The applicant said that '.he· werit .to -see the ··t: , -]. ., . . lawyer by taxi. I· do not see the necessity for a· taxi.. This item ·is - •... 7 . . . , .. ".. . "- taJCed at shs 6.000 :00. On i tel11 2 . the, claim is for 4. 400 :00 being transport; char~~ and costs o:f sef't drink. _ "The applican:t, sa;id he went to see a r fr purpses of preparing counter-affidavit. This· i'tem is taxed off as · the charge -,rlates to what is include~. in item I. Likewise item 4 is ta.x$d- off. The amount claimed · is 4. O_OC) :00 being transport charge for going to see a lawyer for further c.nsuJ.tation. That -"'"tr:fp was not· necessary,. J .••• /2 -- ..... :. .':

.... (. 2 .. . . . Shs. 4.000:00 is cJ..aimed on.item 5.as transport char@s to crt .for.filing notice of bjection. The record shows that the notice was duJ.y filed •. Th amount is:ta.xe9- <?-s.presented. On item 3 shs ·4-800:00 is claimed as transport charges t.o court < ' and back and breakfast. The record shc:,ws that tbe case (Misc.Civ. appl. 23 /98) was called on triat day and applicap.t was present. The amount claimed for -,the purpose is n•t nnreas9Mble. presented. It is 'troced as Item 6 which relates t,, a claim for court -attendance ie, taxed at 4.000:00. Shs. $.000:00 ·wa.s claimed inclusive of breakfast. Item 7 relates to a.ther court attendance for which shs. 4.IO0:00 is cl.aimed . , ., . - ' . as transport charges. ·· That amount is taxed as presented. On item. 8 shs 150.·ooo :00 is claimed as· fees for· typing and dr .. _·wing counte!'-'a.ffid.avit and notice of objection. The amOW1t is rather . at . on the high side and is taxed.L · shs. 50.ooo :OO. On item 9 shs. 40.000 :00 is chargE?d fox· drawing .bill of costs. Again the a.mount is on the high side and it is taxe-9- at shs 10.000 :O0. The rest Qf the . ::.• items i.e. items 10, 11 and 12 reate to disbursement_s. Shsel•l'l.tOt 500:00 anl 1.500:00 is cled on each of the items,-resped.tively. These are taxed as presented. · The cause as a :whole is taxed· at shs 8;. 800 :00 ( eighty i'ive thousand eight puhdred sh:illi..."1gs). , , '--:\ ...... ~ .. , .,,,..✓. '. (w. N. Bo Xapaya) TAXING OFFICER 28/8/9~ • • . , . . - . Delivered in Court this 28th day of August, 1998 in the :rr.asei,,ce of both parties. WNBK/el. \ i \J_ ,....__ ) -~- ;, (W., N. B. Kapaya) . TAXING OFFICER 28/8/98