Q&A – 25 April 2011
Award for costs too low
I am a Tanzanian businessman and resident of Sumbawanga. In 2009 I successfully defended a suit that my customer had instituted against me in the Resident Magistrate’s Court at Kisutu on allegations of breach of contract. The Court awarded me costs of the suit but with great disappointment I have been awarded very minimal costs compared to the amount I spent defending the suit which includes transport, taxis, food, entertainment and accommodation including other costs for my witnesses. I feel that the Court has not been fair to me. What should I do?
TY, Sumbawanga
Taxation is the legal term given to the process of the Court of assessing the costs that the successful litigant incurs in prosecuting the suit.
Taxing master, normally the registrar or deputy registrar or the resident magistrate in charge in case of the lower Courts, is the officer of the Court responsible for taxation. The whole process starts by the successful litigant, if awarded costs, presenting in Court a list of costs in a tabulation form commonly known as bill of costs, of amounts he or she has spent in prosecuting the suit. This should be done in a time not exceeding 60 days from the date of judgment.
Only necessary costs are entertained by the Court. Costs as to entertainment of your lawyer or witnesses are not accepted. The bill of costs has to normally be supported by receipts and vouchers for all disbursements together with any documents, drafts or copies thereof to be relied upon during taxation and must be reasonable. What is reasonable depends on the judicial discretion of the taxing master who after considering the facts, complexity, public importance amongst other surrounding circumstances of the case at the trial, decides on what figure the bill of costs should be taxed at. Unless the taxing master erred in these principles in which case the aggrieved party can refer the matter to a Judge of the High Court, the decision of the taxing master on the quantum is final.
Coming to your question, we are not in a position to default the taxing master for lack of sufficient facts. We do not have details of the bill of costs you presented in Court nor do we have a copy of the taxing master’s ruling. However should you think that the taxing master erred in principles pertaining to assessment of costs, we advise you to refer the matter to the Judge. Reference to the Judge is made by way of Chamber Application supported by an affidavit within 21 days after issuance of the certified copy of the taxing master’s decision. In case you are out of time, you can apply for enlargement of time upon showing good cause for such delay.
Land grabbing in Bagamoyo
In 2006 I bought a piece of land adjoining my farm from a neighbour in Bagamoyo Township. There was no formal contract for the sale of the land except the letter that I wrote to the seller and upon which the latter acknowledged the receipt of the purchase price of the said piece of land. Subsequently, the seller re-sold the said piece of land to another person without my knowledge and consent. I was advised to sue both the seller and that other person for recovery of my land, but very surprisingly, the Chairman at the Land Tribunal has ruled against me. What should I do? What about the money I paid the seller?
MP, Bagamoyo
We do not have the Tribunal’s proceedings with us in order to appreciate what were the Tribunal’s reasons for deciding the case against you nor do we have with us a copy of the letter that you executed between yourself and the seller to conclude the land transaction. It would have also been helpful for us if we knew what defence that was brought by the parties you sued.
From our past experience, we strongly suspect that you might have lost the case because the letter (contract) did not satisfy the necessary conditions of the law connected with the performance of the contract of sale of land.
Under the Land Act, disposition of land must be in writing which can take form of a contract, memorandum or a note, provided it contains clear essential terms like identity of parties, the price and the description of the property being sold. As regards to your money, this will also depend on what claims your lawyer had presented in the tribunal and reasons of the decision of the tribunal. Should you still believe that the decision of the tribunal is improper, we advise you to appeal to the High Court for further consideration. Your lawyer can guide you further.
Factory owners colluding in price
There are certain factories owned by some big shot owners that have developed monopolistic behavior. They have colluded to fix prices of the product and are creating an artificial shortage. There are all signs of practices that are anti competitive. Is there a law that can protect consumers in such a scenario?
JL, Dar
The Fair Competition Act comes to protect you. This act established the Fair Competition Commission (FCC) which oversees such activities and protects the interests of consumers. The Act has under it the Fair Competition Rules, the latest ones being those of the year 2010. Under the said rules there are provisions on how complaints are handled.
As a consumer you can complain by submitting information to the FCC in any manner, or complaining using a standard form that the FCC Rules provide. Thereafter the investigation department of the FCC will investigate the complaint in view of determining if those against whom you have complained against have a case to answer or not. The Commission can use its discretion whether to entertain your complaint or not and if not entertained reasons must be provided. We suggest that you take the route above and fight for your rights through the FCC.