5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 53 Rule 10: Fees for drawing documents The fee for drawing a document shall include the preparation of all copies for use of the party drawing it and for filing and service when only one other party or one advocate for other parties has to be served: where there are additional parties, fees may be charged for making the necessary additional copies. Rule 11: Taxation of bills (1) On taxation the taxing officer shall allow such costs, charges and disbursements as shall appear to him or her to have been reasonably incurred for the attainment of justice but no costs shall be allowed which appear to the taxing officer to have been incurred through overpayment, extravagance, overcaution, 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 dispute or reference, the taxing officer shall disallow the costs of any matter improperly included in the record of a suit or reference or in any supplementary record of a suit or reference. Rule 12: Over-riding discretion If, after a bill of costs has been taxed, the taxing officer considers that, having regard to all circumstances, the total of the bill before signing the certificate of taxation is excessive, he or she may make such a deduction from the total as will in his or he opinion render the sum reasonable. Rule 13: Excessive claims If more than one quarter of the profit costs claimed is disallowed on taxation the costs of drawing, filing and serving the bill and attending taxation may be disallowed. Rule 14: Set-off of costs 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 balances.

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