East African Community Court of Justice
Rules of Procedure, 2019.
14. Where a party entitled to receive costs is also liable to pay
costs, the taxing officer may tax the costs which that party is liable to
pay and adjust them by way of deduction or set-off and direct payment
of any balance.
Set-off of
costs
15.
(1) Costs of more than one advocate shall not be allowed
unless the Court has so directed—
Costs of
more than
one advocate
Provided that if an advocate has instructed another advocate
to appear at the hearing of an appeal, the fee paid to the latter,
or so much thereof as the taxing officer considers reasonable,
may be allowed but solong as the total of such fee and the
instruction fee allowed to instructingthe advocate shall not
be greater than it would have been if one advocate only had
acted in the matter.
(2) Where the Court has directed that the costs of two
advocates be allowed—
(a) where the senior advocate is not a member of the same
firm as the advocate on the record, he shall be allowed
the fee paid to him, including fees for attending in
Court, or so much thereof as the taxing officer shall
consider reasonable;
(b) where the senior advocate is a member of the same
firm as the advocate on record, he shall be allowed
such fee as would have been allowed in the case of the
advocate not a member of that firm; and
(c) the advocate on record shall be allowed the usual
instruction, hearing and other fees.
(3) The fee paid to another advocate by the advocate on
record shall be shown as disbursement.
16.
If there has been a change of advocates the bill of costs of
the first advocate may be annexed to that of the current advocate and its
total shown as a disbursement and the samewill be taxed in the ordinary
way, the current advocate being heard on it, but the taxing officer may
require the first advocate to attend.
125
Cost where
advocates
changed
during
proceedings