East African Court of Justice - 2010

10 judgments
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10 judgments
Citation
Judgment date
October 2010
Court set aside a manifestly excessive instruction fee award and substituted it with a reasonable amount following review of taxation.
Costs – taxation – judicial review of taxing officer’s discretion – manifestly excessive costs – principles applicable to review of costs awards – application of correct rule for instruction fees – consistency of awards – reasonableness.
29 October 2010
Court set aside a manifestly excessive instruction fees award, emphasizing consistency and fairness in taxation of costs.
Civil procedure – taxation of costs – principles applicable to judicial review of taxing officer’s award – instruction fees – manifestly excessive award – consistency and fairness in assessment of costs – application of correct legal rules under court procedures.
29 October 2010
August 2010
The court affirmed its appellate jurisdiction and upheld refusal to extend time for challenging taxed costs, emphasizing finality and discretion.
Civil procedure – Court of regional integration – Appellate jurisdiction – Direct appeal from single Judge of First Instance Division – Discretion to extend time – Sufficient reasons – Public interest and prejudice – Supremacy of treaty over procedural rules – Finality of litigation.
1 August 2010
June 2010
The court taxed the applicant’s bill of costs, reduced excessive claims, and ordered a balance payable after set-off between parties.
Taxation of costs – Reasonableness of instruction fees – Requirement for documentary proof of disbursements – Application of set-off in cost awards – East African Court of Justice Rules of Procedure
22 June 2010
A bill of costs must be reasonable and properly supported; costs owed were set off, leaving a net sum payable to applicant.
Civil procedure – taxation of costs – claim for costs – adequacy of documentary proof – reasonableness of amount claimed – set off of mutual costs liabilities under court rules.
22 June 2010
Extension of time to serve appeal documents granted where part of delay was due to court administrative lapses, promoting substantive justice.
Civil procedure – extension of time – sufficient reason – delay in service of record of appeal – discretion of court – administrative error by court staff – substantive justice versus technicality.
22 June 2010
A Taxing Officer reduced excessive instruction fees in a complex costs bill, balancing reasonableness and the case's novelty.
Costs – Taxation – Assessment of instruction fees – Discretion of Taxing Officer – Consideration of complexity, novelty, professional responsibility, and reasonableness – Adjustment of excessive claims in party and party bills.
22 June 2010
January 2010
A court declined to interfere with a Taxing Officer’s discretion in awarding instruction fees after a case was dismissed for want of jurisdiction.
Taxation of costs – Instruction fee – Judicial discretion of the Taxing Officer – Circumstances justifying interference by court – Appropriateness of fee when matter disposed of on preliminary objection.
15 January 2010
A court will not interfere with instruction fees taxed by a Taxing Officer unless discretion is exercised on wrong principles.
Civil procedure – taxation of costs – discretion of Taxing Officer – instruction fee – basis for assessment when case disposed on preliminary objection – court’s power to interfere with taxation only on wrong application of legal principles.
15 January 2010
A challenge to the exercise of the Taxing Officer’s discretion in awarding instruction fees was dismissed where no error of principle was shown.
Costs – Taxation of costs – Instruction fees – Discretion of Taxing Officer – Interference by court only where wrong principles applied – Reference dismissed for want of jurisdiction.
15 January 2010