Wednesday, November 28, 2012

ALI NYAMGUNDA v. EMILIAN KIHWILI 91967) HCD 177


(PC) Civ. App. 68-D-66; 13/6/67

Hamlyn, J.
Plaintiff alleged that defendant had made her pregnant. Plaintiff was successful, and submitted a Bill of Costs including an Instructions Fee of Shs. 1500/- This amount was reduced by the Taxing Master to Shs. 200/- The case was brought before the High Court on an Application for Reference.

HELD:
“(A)n order will be made on an Application for Reference upon Taxation only if the officer dealing with the Bill has proceeded upon some wrong principle. The certificate of the taxing officer will not be reviewed on a mere question of quantum save in exceptional circumstances.” Citing In the Estate of Ogilvie; Ogilvie v. Massey (1910) p. 243.

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