This post covers everything you need to know about Bill of costs
What is a bill of costs?
According to Black’s law dictionary, the 8th edition on page 175 bill of costs is defined to mean, a certified, itemized statement of costs owed by one litigant to another prepared so that the prevailing party may recover costs from the losing party.
In simple terms, the bill of costs may refer to the list of expenses incurred during civil case proceedings.
Generally, an application for taxation of a bill of costs can only be lodged by a person whom the court ordered in favor of the costs of the case.
Unless there is a specific order as to costs, the taxation of costs cannot arise or be carried out.
A Bill of costs is prepared by the party that the court ordered to be paid the costs of the case (judgment creditor).
The party who loses the case and is ordered to pay costs is called the Judgement debtor.
The time limitation to file bills of costs is 60 days.
Sample of Bill of costs
The sample below shows the form and contents of the application for taxation of a bill of costs
IN THE HIGH COURT OF TANZANIA
(ARUSHA DISTRICT REGISTRY)
AT ARUSHA
CIVIL CASE NO…………. OF 20….
BETWEEN
AA……………………………….JUDGMENT CREDITOR/APPLICANT
V
AAA………………………………JUDGEMENT DEBTOR/RESPONDENT
CERTIFICATE OF FOLIOS
I,……………. an Advocate of the High Court and Subordinate courts thereto herein certify that the number of folios stated in the attached Bill of Costs is true to the best of my own knowledge.
Dated at……………….this………………day of…………………………..20…
________________________________
COUNSEL FOR THE JUDGEMENT CREDITOR
Presented for filing this………day of …………………………20…
…………………
REGISTRY OFFICER
DRAWN & FILED BY:
……………………..
ZZZ
LAW CHAMBERS,
UZUNGUNI STREET
STATION ROAD,
P.O. BOX…………..
COPY TO BE SERVED UPON:
KKK ADVOCATES
SAVE LIFE HOUSE 16TH FLOOR, WING “G”,
GARDEN DRIVE/FARM STREET,
P.O. BOX………
IN THE HIGH COURT OF TANZANIA
(ARUSHA DISTRICT REGISTRY)
AT ARUSHA
CIVIL CASE NO…………. OF 20….
BETWEEN
XXX………………………………..JUDGMENT CREDITOR/APPLICANT
V
XXX……………………………………JUDGMENT DEBTOR/RESPONDENT
BILL OF COSTS
ITEM NO. | DATE | PARTICULARS | AMOUNT CHARGED T.SHS. | AMOUNT TAXED OFF TSHS |
|---|---|---|---|---|
1. | 27.11.00 | Instructions to defend the suit. | 30,000,000.00 | |
2. | 27.11.00 | Receiving and perusing Plaint and its attachment/annexure. | 1,000.00 | |
3. | 07.12.00 | Drawing Written Statement of Defense. | 750.00 | |
4. | 07.12.00 | Making 4 copies thereof. | 160.00 | |
5. | 08.12.00 | Attending Court to file the said Written Statement of Defence. | 760.00 | |
6. | 08.12.00 | Serving a copy of the said Written Statement of Defense Defendant on the Advocates of the Plaintiff. | 300.00 | |
7. | 08.12.00 | Attending the court before the Judge when the Court ordered the defense to the Counter Claim and Reply to the Written Statement of Defense to be filed on or by 10.01.01; Mention 26.02.01. | 3,500.00 | |
8. | 08.12.00 | Receiving and perusing Amended Written Statement of Defense. | 1,000.00 | |
9. | 19.03.01 | Receiving and perusing Reply to Written Statement of Defense. | 1,000.00 | |
10. | 19.03.01 | Receiving and perusing Reply to Amended Written Statement of Defense. | 1,000.00 | |
11. | 23.04.01 | Attending Court before the district registrar when the case was by Consent adjourned to 28.05.01 for mention before the Judge. | 3,500.00 | |
13. | 28.05.01 | Attending court before the District Registrar when the case was adjourned for mention on 09.07.01. | 3,500.00 | |
14. | 09.07.01 | Attending The court before the Judge in Chambers when the Court ordered Preliminary Objection to be argued by way of Written Submission to be filed as follows: (i) Judgment creditor Written Submission by 30.07.01 (ii) Reply by 20.08.01 (iii) Rejoinder by 03.09.01 (iv) Orders on 06.09.01 | 3,500.00 | |
15. | 30.07.02 | Drawing Written Submissions of the Judgment creditor upon a Preliminary Objection of Law. | 10,000.00 | |
16. | 30.07.01 | Making 4 copies thereof. | 120.00 | |
17. | 30.07.01 | Attending Court to file the said Written Submission of Preliminary Objection of Law. | 760.00 | |
18. | 30.07.01 | Serving a copy of the said Written Submission of upon Preliminary Objection of law on the Judgment debtor. | 300.00 | |
19. | 03.09.01 | Drawing Judgment creditor’s rejoinder to the Submissions of the judgment debtor. | 5,000.00 | |
20. | 03.09.01 | Making 4 copies thereof. | 120.00 | |
21. | 03.09.01 | Attending Court to file Judgment creditor’s rejoinder to the Submissions of the judgment debtor. | 760.00 | |
22. | 03.09.01 | Serving copies of the Judgment creditor’s rejoinder to the Submissions of the judgment debtor. | 300.00 | |
23. | 19.11.01 | Attending Court to receive Ruling when it was ruled that the Plaint does not disclose a cause of action against Barclays. The costs of the proceedings so far to be awarded to Barclays. The Plaintiff has 21 days to amend the Plaint against Barclays. | 760.00 | |
24. | 07.12.01 | Receiving and perusing Amended Plaint. | 1,000.00 | |
25. | 24.12.01 | Drawing Amended Written Statement of Defence of the 2nd Defendant. | 750.00 | |
26. | 24.12.01 | Making 4 copies thereof. | 120.00 | |
27. | 24.12.01 | Attending Court to file the said Amended Written Statement of Defence of the Judgment creditor. | 760.00 | |
SUB-TOTAL |
DISBURSEMENTS
28 | 08.12.00 | Traveling to and from Arusha to file Written Statement of Defence of the Judgment creditor and appearing before the Judge for mention. (Air ticket, board & lodging and per diem). | ||
29. | 08.12.00 | Paid Court fees to file Written Statement of Defence of the Judgment creditor. | 7,500.00 | |
30. | 23.04.01 | Traveling to and from Arusha to attend court before District Registrar when the case was by consent adjourned to 28.5.01 for mention. (Air ticket, board & lodging and per diem). | ||
31. | 28.05.01 | Traveling to and from Arusha to attend court before District Registrar when the case was adjourned for mention on 09.07.01 (Air ticket, board & lodging and per diem). | ||
32. | 09.07.01 | Traveling to and from Arusha to attend court before the Judge sitting in Chambers when the court ordered that the Preliminary Objection on point of law by the 2nd Defendant to be argued by way of written submissions. (Air ticket, board & lodging and per diem). | ||
33. | 30.07.01 | Traveling to and from Arusha to file written submissions of the Judgment creditor on its Preliminary Objection on point of law. (Air ticket, board & lodging and per diem). | ||
34. | 30.07.01 | Paid Court fees to file Written Submissions of the Judgment creditor upon a Preliminary Objection of law. | 1,500.00 | |
35. | 30.09.01 | Traveling to and from Arusha to file written submissions of the Judgment creditor in rejoinder to the submissions of the Plaintiff opposing the Judgment creditor Preliminary Objection on point of law. (Bus ticket, board & lodging and per diem). | ||
36. | 30.09.01 | Paid Court fees to file Judgment creditor rejoinder to the submission of the judgment debtor. | 1,500.00 | |
37 | 19.11.01 | Traveling to and from Arusha to receive ruling which was issued in favor of the Judgment creditor and costs of the proceedings were also awarded to the Judgment Creditor. (Air ticket, board & lodging and per diem). | ||
38. | 24.12.01 | Traveling to and from Arusha to file Amended Written Statement of Defense of the Judgment creditor. (Bus ticket, board & lodging and per diem). | ||
38. | 24.12.01 | Paid Court fees to file Amended Written Statement of Defence of the Judgment creditor. | 7,500.00 | |
32. | Paid Court fees to file this Bill of Costs. | |||
TOTAL SHS. |
|---|
Fewer Amounts taxed off T.Shs.____________________
Bill of Costs taxed at T.Shs._______________ this ____ day of ________________20…
_________________
TAXING OFFICER
Presented for filing in Court this ______ day of May 20…
____________________
REGISTRY OFFICER
DRAWN & FILED BY:
……………………..
ZZZ
LAW CHAMBERS,
UZUNGUNI STREET
STATION ROAD,
P.O. BOX…………..
COPY TO BE SERVED UPON:
KKK ADVOCATES
SAVE LIFE HOUSE 16TH FLOOR, WING “G”,
GARDEN DRIVE/FARM STREET,
P.O. BOX………
