East African Community Court of Justice
Rules of Procedure, 2019.
(2) The fee to be allowed for instructions to appeal or
oppose an appeal shall be such sum as the taxing officer shall consider
reasonable, having regard to the amount involved in the appeal, its
nature, importance and difficulty, the interests of the parties, the other
costs to be allowed, the general conduct of the proceedings, the fund or
person to bear the costs and all other relevant circumstances.
(3) The sum allowed under sub-paragraph (2) shall include
all work necessarily and properly done in connection with the appeal
and not otherwise chargeable including attendances, correspondences,
perusals and consulting authorities.
(4) Other costs shall, subject to the provisions of paragraphs
10, 11 and 12 below, be awarded in accordance with the scale set out
below.
Fees for
drawing
documents.
10.
The fee for drawing a document shall include the preparation
of all
copies for the use of the party drawing it and for filing and service.
Taxation of
bills.
11.
(1) On taxation, the taxing officer shall allow such costs,
charges and disbursements as shall appear to him to have been
reasonably incurred for the attainment of justice but no costs shall
be allowed which appears to the taxing officer to have been incurred
through overpayment, extravagance, over-caution, negligence or
mistake or by payment of special charges or expenses to witnesses or
other persons or by other unusual expenses.
(2) In taxing the costs of any appeal, the taxing officer shall
disallow the costs of any matter improperly included in the record of
appeal or in any supplementary record of appeal.
Taxation of
bills.
Excessive
claims.
12.
If, after a bill of costs has been taxed, the taxing officer
considers that, having regard to all the circumstances, the total of the
bill before signing the certificate of taxation is excessive, he may make
such a deduction from the total as will in his opinion render the sum
reasonable.
13.
If more than one quarter of the profit costs claimed is
disallowed on taxation the costs of drawing, filing and serving the bill
and of attending taxation shall be disallowed.
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