The executrix of the deceased advocate brought this

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The executrix of the deceased advocate brought this application for a Bill of Costs for services rendered in a criminal case. Held: The Bill of Costs was filed under section 62 of the Advocates Ordin- ance, Cap. 341, for “contentions proceedings.” Although that term is not defined, it is clear that it relates only to civil actions, and does not apply to remuneration in respect of services in criminal proceedings. [Distinguishing In re Jackson, (1915) I.K.B.371.] The Court stated, obiter, that in the absence of any written agreement as to remuneration, the matter “perhaps could be regarded as one of reasonable remuneration on an implied promise – Sib Kishore Ghose v. Manik Chandra Nath (1916) A.I.R. Calcutta 669.” Application dismissed. (1967) H.C.D. - 91 – 321. Amradha Construction Co. v. Sultani Street Agip Service Station , Civ. App. 14-D-67, 29/9/67, Saidi J. Defendant owed plaintiff Shs. 5,652/85. Defendant was closing down his busi- ness; plaintiff, out of fear that defendant would leave for India without paying his debt, petitioned to attach certain of defendant’s assets without first making formal
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request for payment coupled with notice of his intention to file suit. A conditional order of attachment was granted, but the full amount of the debt was deposited in court before the scheduled hearing on the attachment. The only issue involved here was who should bear the burden of advocates’ fees. Held : (1) Rule 61 of the Rules of Court (Advocates’ Remuneration and Taxation of Cost Rules) Vol. v, page 194 reads, “61. If the plaintiff in any action has not given the defendant notice of his intention to sue, and the defendant pays the amount claimed or found due at or before the first hearing no advocates costs will be allowed except on a special order of the judge.” That rule precisely covers this situation. (2) Since upon consideration of all the facts the situation was not as urgent as plaintiff though, there was no basis for a special order here. Consequently plaintiff must bear all costs. 322. Juma s/o Kisunda v. Hema s/o Mjie , (PC) Civ. App. 85-D-67, 14/9/67, Saidi J. The mother of the five children in question was originally married to a member of respondent’s clan. Her husband died, as did his brother who inherited her after the death. The mother then left the clan and later allegedly married appellant. Appellant is the father of the five children. Custody of the children was awarded to respondent, for the bride price paid by the first husband was not returned. Un- der Nyaturu customary law, the mother, as his widow, was still in his clan. Appel- lant did not challenge this on appeal, but he did claim expenses incurred in car- ing for the children. Two of the daughters are now married and the bride price was taken by respondent. Ordered: The claim for reimbursement for the maintenance of the five children is meritorious. Evidence should be taken as to the amount maintenance of a child in that locality. Case remanded to the District Magistrate for the taking of such evidence.
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  • Fall '17
  • Dean Majamba

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