Rourafric Trading Ltd. v. Kassmaali G. Peera, Civ. Case 34-Z-64, 9/10/65, M.Y. Kissa, Registrar.

Rourafric Trading Ltd. v. Kassmaali G. Peera, Civ. Case 34-Z-64, 9/10/65, M.Y. Kissa, Registrar.

This was a dispute as to taxation of costs in a case in which not application for leave to defend had been made, and no order for written statement of defence issued. Defence counsel, however, argued for fees based on the scales for contested suits (Rules of Court, L.N. 60 of 1963, p. 225) since, as he claimed, the case had involved a certain amount of preparation of the law.

Ruled: The scale for uncontested suits 9 Rules of Court, p. 224) will be applied, since there was not enough work involved for counsel to justify the application of the higher scale. However, it should be noted that the scales are not “binding and absolute in their entirety on a taxing officer. The general principle underlying all cases of taxation is that consideration must always be given to the nature of the claim, the word done by the respective parties, and all other circumstances rightly connected with the case.”

(Editors’ note: The registrar’s decision in the case of  Amirali ali Abdulla Janmohamed V. Mohamedhussein R. Bhaloo, Civ. Case 30-Z-65, 25/6/66, is in accord as to taxation of advocates’ fees.)