The East African Court of Justice Rules of Procedure 2013
Fees for
drawing
documents
10. 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.
Taxation
of bills
11. (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.
Over-riding
discretion
12. 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.
Excessive
claims
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 attending taxation may be disallowed.
Set-off of
costs
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 balances.
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