Iddi Omari Juda v. Gabriel Nkacha, Civ. App. 59-DDM-71, 9/5/72; Kwikima, Ag. J.

  

Iddi Omari Juda v. Gabriel Nkacha, Civ. App. 59-DDM-71, 9/5/72; Kwikima, Ag. J.

The appellant was awarded costs in a civil suit and in order to enforce this award he lodge the present suit in the primary court. His bill of costs was approved there, but on appeal to the district court, it was significantly reduced on the grounds that money spent on obtaining secretarial services could not be charged to the other party as it was not advocate’s fees.

            Held: (1) “It should be pointed out at the outset that …… the award was enforceable in the same case as it was made. All the appellant had to do was to present his bill of costs to the original court for taxation. This error must have been induced on him by the same court which received and filed the present claim, thereby involving the appellant into unnecessary and uncalled-for expense.” (2) “It would be unfair to deny the appellant costs simply because those from whom he sought assistance were not advocates. Having proved that the expenses incurred in seeking that assistance appertained to the case, he was entitled to be reimbursed by his unsuccessful adversary, whether or not the services paid for were supplied by advocates.” (3) Bill of costs altered accordingly.