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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