Ujagar Singh v. The Mbeya Co-operative Union, Civ. Ref. 2-D-67, 6/2/68, Biron J.

Ujagar Singh v. The Mbeya Co-operative Union, Civ. Ref. 2-D-67, 6/2/68, Biron J.

This proceeding concerned the costs to be awarded to plaintiff, who, in the main action, recovered Shs. 38,500/- for breach of contract. In the pleadings in the contract action, defendant put plaintiff to strict proof of all aspects o his claim. Plaintiff prepared the case accordingly and appeared in court with his witnesses, who had traveled from Arusha. The case was then settled. Plaintiff claimed an instruction fee of Shs. 5,000/- of which the Deputy Registrar taxed off Shs. 3,000/- In taxing off this amount, the Deputy Registrar stated that the case was not “by any means long or tedious”; he also stated at one point that “the policy of this court (is) to reduce the cost of litigation so that justice does not become the privilege of the rich.” With regard to the witnesses’ travel expenses, the Deputy Registrar reduced the award from Shs. 3,110/- the price of air travel, to Shs. 867/50, the price of first class train travel, relying on the fact that the witnesses had not testified.

            Held: (1) An instruction fee is for work done in preparing a case before trial; it is irrelevant whether the trial itself would or would not be long and tedious. (2) It would be improper to consider a policy of reducing court fees in assessing the instruction fee to be awarded. (3) In view of the fact that the case was not settled until the time of trial, the fact that the witnesses did not testify should not affect the travel expenses awarded. The  Court refused to lay down any general principle as to whether

Travel expenses should be based upon air or train fares, but relied upon the uncontested statement of plaintiff that the fare and incidental expenses of train travel would be equal to the air fare. The Court awarded an instruction fee of Shs. 3,000/- and witnesses’ expenses of Shs. 3,110/-