PUWAYI CHIUTSI LEGAL PRACTITIONERS v REGISTRAR OF THE HIGH COURT & ANOR 2016 (2) ZLR 198 (H)

Flynote

Practice and procedure: " taxation " fee " whether refundable " State c Liabilities Act [Chapter 8:14] " application of s 6

Headnote

A bill of costs had been taxed by the taxing master (the second respondent). The second respondent has raised a fee in respect of his taxation of that bill. Subsequently the taxation was set aside. The parties resolved the b matter and the bill was withdrawn. The respondents refused to refund the taxing fee, but did not oppose this application and asked the court for guidance regarding the legal position.

One issue was whether a taxing fee, deducted at the instance of the registrar or taxing officer refundable in any circumstances and, in particular, where the bill of costs had been set aside on review and the parties to the c dispute reached amicable settlement. The High Court Regulations were promulgated by the Minister in terms of s 57 of the High Court Act and provided for all fees in respect of instruments, services or other matters received, issued, provided for or otherwise dealt with by the Registrar or the Sheriff or an officer of the High Court in the course of his duties.

Held, nothing in the rules provides for a refund of the fee. A taxing fee is c payable in recognition of the work done by the Registrar in scrutinizing the bill, applying the prescribed fee and allowing or disallowing items, calculating the amount due as well as other issues incidental to setting the date for taxation and notifying the parties. Once the service has been rendered it is not refundable. Had the court intended it to be so, such c would have been attached to the order considering review.

Held further, s 6 of the State Liabilities Act applies to such circumstances since the officer's powers of taxation, emanating from the Minister and said officers, had executed their official duties. Consequently 60 days' notice ought to have been given of the intended action.