Madhani v Janmohamed (Civil Case No. 498 of 1951)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal ordered the respondent to pay the appellant's costs of the motion before the Supreme Court and costs incidental to the temporary injunction. Held, following Phillips v Phillips, that when costs are ordered to be paid at once there is an order for immediate taxation. Upon the request of the successful party it is the duty of the Taxing Officer to proceed to taxation immediately. The objection to taxation was upheld and the matter remitted to the Taxing Master.
Outcome
Matter remitted to Taxing Master for immediate taxation of costs
Facts
The Court of Appeal for Eastern Africa allowed an appeal with costs and directed the respondent to pay the appellant's costs of a motion before the Supreme Court together with costs incidental to the granting of a temporary injunction. A dispute arose as to whether the Taxing Officer should proceed to tax these costs before the conclusion of the underlying action. The successful appellant requested immediate taxation.
Issues
- Whether interlocutory costs ordered by the Court of Appeal may be taxed before the underlying action is concluded.
Orders
- Objection upheld.
- Matter remitted to the Taxing Master with a direction to proceed to taxation.
- Appellant to have costs on this objection.
Rules and key headnotes
Cases cited (1)
- Phillips v Phillips (1879-80) 5 QB 60
Full judgment
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