IN THE HIGH COURT OF MALAWI

Transcription

1 IN THE HIGH COURT OF MALAWI COMMERCIAL DIVISION Blantyre Registry Commercial Case No. 28 of 2016 (Before Honourable Justice Dr. Mtambo) BETWEEN HARA & ASSOCIATES... CLAIMANT AND ABDUL RASHID OSMAN, sc... DEFENDANT CORAM: D.H. SANKHULANI, ESQ., ASSISTANT REGISTRAR Mr. M. Hara, Of Counsel for the Claimant Mr. N. Alide, Of Counsel for the Defendant Mr. A. Makonyo, Court Clerk Sankhulani, AR ORDER ON TAXATION OF LEGAL PRACTITIONER AND OWN CLIENT COSTS 1

2 Introduction This order follows hearing of proceedings for taxation of legal practitioner and own client costs that was held herein. Background Information The Claimant, a law firm, was representing the Defendant in Commercial Case Number 88 of 2011 also proceeding and pending at this Registry. The Claimant presented a bill totaling to Kl,983, to the Defendant for services rendered to him in the said matter. The Defendant refused to pay the said legal fees. Consequently, the Claimant commenced the present action, claiming, inter alias, the said disputed sum of money. The matter underwent through several processes. Suffice it to say that, eventually, by an order dated 15 th November 2016 made by the Honourable Judge seized of this matter, the Claimant was ordered to file a bill of costs for the disputed legal fees herein, for taxation. Accordingly, the Claimant took out notice of appointment to tax costs to which was attached the bill of costs herein. The Defendant filed points of dispute regarding the various items of the bill of costs. On the scheduled date for taxation, the Claimant presented the bill and the Defendant adopted his points of dispute aforesaid. The Claimant responded to the said points of dispute. The matter was then adjourned for an order on taxation of costs. Hence the present order. Issues for Determination herein Counsel's hourly rate apposite herein. The appropriate quantum of costs herein. 2

3 Counsel's Hourly Rate Apposite Herein The 2 nd Defendant's Counsel herein claims the hourly rate of KS0,0. per hour. The Claimant counter-proposes an hourly rate of K20,0. per hour. The issue of hourly rate of Counsel is in the court's discretion (see Barrow Investments Ltd vs. MPICO Malls Ltd, Commercial Cause Number 6 of 2013, High Court-Commercial Division, Blantyre Registry, (Unreported)). Bearing in mind Counsel Hara's 24-year experience at the Malawi Bar and also taking into account all the circumstances of the present matter, I am of the view that an hourly rate of K20,0. per hour would, for purpose of this taxation, be reasonable. I, therefore, ORDER that an hourly rate of K20,0 per hour and is HEREBY, adopted, for purposes of the present taxation of party and costs. The Appropriate Quantum of Costs Herein In my most-considered opinion, in taxing the legal practitioner and own client costs herein, I still have to consider reasonableness of the quantums claimed and reasonableness in incurring the costs in issue. Accordingly, I hereby tax the legal practitioner and own client costs herein as follows below: 3

4 Time Grant ed Disbursements Allowed MK Professional Fees Granted MK 3 1 o/ Y:, Travelling to Dr Rex Harawa's office on 15/05/15 and there meeting with Dr Rex Harawa, the plaintiffs' lawyers, Zaheen Osman, Nazeer Osman and Defendant to review the forms containing information about the entities involved in the accountant's work that had been submitted by the parties on the request of Dr Rex Harawa and discussing how best to proceed with the Dr Rex Harawa's work; Drawing Letter of Engagement for Mr Gray Nthinda; Travelling to Dr Rex Harawa's office on 27/06/14 and there attending a meeting with Dr Rex Harawa and the plaintiffs' lawyers to discuss Dr Rex Harawa's quote of K ; Meeting with Defendant and Nazeer Osman on 18/09/15 and discussing Dr Rex Harawa's revised fee quote of K19 0 0; Travelling to Dr Rex Harawa's office on 30/09/14 and there attending a meeting with Dr Rex Harawa, the plaintiffs' lawyers, Nazeer Osman and Defendant and discussing the number of years to be covered by the accounts to be done by Dr Rex Harawa for the various entities involved; Travelling to Dr Rex Harawa's office on 13/10/14 and there attending a meeting with Dr Rex Harawa, the plaintiffs' lawyers, Nazeer Osman and Defendant discussing Dr Rex Harawa's revised fee quote of K and commencement of Dr Harawa's work; Perusing Summons for Directions and affidavit in support filed by the plaintiffs with respect to the period to be covered by the accounts and responsibility for settlement of applicable accounting fees; Meeting with Nazeer Osman on 27 /03/15 and reviewing his affidavit in opposition to summons for directions and discussing matters raised by the summons for directions; Drawing, filing and serving notice of preliminary objection to summons for directions; 60,0 20,0 35,0 10,0 60,0 30,0 5,0 10,0 10,0 4

5 Perusing affidavits of Gulam Hussein Kharodia, Mehrunissa Ismail Osman and Nazeer Osman filed in opposition to summons for direcitons; 20,0 7 Considering the issues raised by summons for directions and the law and drawing, filing and serving skeletal argument in opposition to summons for directions; 140,0 2/3 Attending court on 31 /03/15 for hearing of summons for directions when hearing is adjourned because the plaintiffs' lawyers requested an adjournment; 13, /6 Attending court on 12/05/15 for hearing of summons for directions when the summons was adjourned because the plaintiffs' lawyers, who failed to attend, requested adjournment by telephone; 16,666 1 Y2 Travelling to Dr Rex Harawa's office on 21/05/15 and there meeting with Dr Rex Harawa, the plaintiffs' lawyers and Nazeer Osman and discussing Dr Rex Harawa's proposal for billing for his work, and how to proceed with the opening of a bank account for the payment of the professionals' fees; 30,0 1 Attending court on 26/05/15 for hearing of summons for directions; 16,666,_ 5, General attendances and correspondence; 1,0 Disbursements Stationery, telephones, travel, messengers etc VALUE FOR VAT ( i.e. total professional fees, including thosegranted under 'TAXATION' below) 761, % VAT 125,5 125,5 GRAND TOTAL (i.e total professional fees plus VAT plus total disbursements, above and below) 937,341 5

6 TAXATION Drawing, filing and serving Application for assessment 1,0 of costs; (5 hours granted) Travelling to court and attending court for hearing of 85 0 Assessment of costs (4 & 1/4 hours granted) Filing fees 5 0 Travel 5 0 Final Order I view of the foregoing taxation, the legal practitioner and own client costs herein are hereby taxed at K937,341.. The Claimant shall file a certificate of taxation for issuing. Delivered in Chambers at Blantyre Registry of the Commercial Division of the High Court this 24 th day of August ~ ~._._... ;... : ~ ~ - D.H. SANKHU(ANI ASSISTANT REGISTRAR 6