HASSANI KILALA v JUMA SAID 1994 TLR 87

Facts

The appellant filed a fresh case in a Primary Court intended to be a Bill of costs for taxation for a case which started from a Primary Court and ended with the High Court. The bill of costs presented at the Primary Court was for a claim of Shs 123,000/=. After taxation the Primary Court Magistrate allowed a sum of Shs 21,000/= only. On appeal the District Court raised the sum to Shs 37,200/=. He appealed further to the High Court. 

Held: 

 (i) It was improper for the appellant to file a fresh case for taxation proceedings; he should have filed his bill of costs in the same case file itself in which he was successful.

(ii) For cases starting from the Primary Court and ending in the District Court thetaxing master is the Primary Court Magistrate Concerned.

(iii) For cases starting from the Primary Court and ending in the High Court the taxing master is the District Registrar of the High Court. 

(iv) For cases starting from the Primary Court and ending in the Court of Appeal of Tanzania the taxing master is the Registrar of the Court of Appeal or his deputy. Order Accordingly.