Advocates (Remuneration and Taxation of Costs) (Amendment) Rules

does not exceed Shs. 1,(XX),000, the advocate shall charge ten per centum on the nominal capital but in any case not less than Shs. 75,000;

in the case of a public company, one and one half times the above fees, but not less than Shs. 500,000. The fee shall include the drawing of the Memorandum and Articles of Association, attendances and correspondences in connection therewith, draw ing minutes of first meeting of the directors, obtaining Treasury consent where necessary, and other preliminary and incidental work in that connection down to the first general allotment of shares, and shall also include the filing of all documents required by the Registrar of Companies to be lodged with the Memorandum and Articles of Association.

Fee for the preparation of a debenture, trust deed, securing one or more debentures or series of debentures or debenture stock, the advocate shall charge treble the scale fee on amount secured, and in addition, the fees prescribed in the Fifth Schedule to these Rules in respect of any necessary supplemental security instrument:

The fees at proviso (i) and (ii) above include attendance, cor respondence, the drawing of resolutions and documents and the approval thereof and registration at the companies and land registries, where necessary. Unless otherwise agreed in writing both the fees of the advocate for the debenture-hold er or the trustee and those of the advocate for the company are payable by the company.

Instructions to register second and further trade marks in the name of the same proprietor simultaneously per trade mark in one class ... 150.000 00

Drawing application for registration and four copies of representation of mark 50.000 00

Instructions to file an application to enter one registered user of one registered trade mark or more than one registered trade mark of same proprietor incorporated in the same set of doc- ments and subject to the same conditions and restrictions in each case-

Drawing statement of cases, statutory declara tion in support and application, depending on the amount of work involved but not less than Shs. 350.000

Drawing registered user agreement depending on the amount of work involved but not less than Shs. 250,000

Drawing application and statement of grounds, depending on amount of work involved, but not less than Shs. 100,000

And for each subsequent registered trade mark, the grounds for cancellation being the same Shs. 30,000

Instruction to file an application for variation of terms of appointment of a registered user, including drawing application Shs. 200,000

Instructions to file an application to register a subsequent proprietor of one registered trade mark (or more than one registered trade mark standing in the same name under the same devolution of title and filed simultaneously) with or without goodwill-

Instructions to file application for directions by the Registrar for advertiseement of the assignment of Trade Marks in use without goodwill and attending to the advertisement thereof-

Instructions to renew the registration of sec ond and further trade marks in the name of the same proprietor simultaneously, includ ing drawing the prescribed form and form of authorization per mark in one class ... Shs. 100,000 s. I. (c) Instructions to renew the registration of one 83-3 trade mark in one class under the provisions VoL x. of Hjjg 64 Qf tfoe Trac]e Marks Rules, includ ing drawing the prescribed forms and form of authorization Shs. 150,000

Instructions to register change of name of the registered proprietor in respect of one trade mark in one class including drawing the prescribed form and form of authorization Shs. 150,000

Instructions to register change of name of the registered proprietor in respect of second and further trade marks simultaneously. including drawing the prescribed form and form of authorization for each change of name per trade mark in one class Shs. 50,000

Instructions to register change of address of the registered proprietor in respect of one and trade mark in one class including drawing the prescribed form and form of authorization ... Shs. 150,000

Instructions to register change of address of the registered proprietor in respect of second and further trade marks simultaneously, including the drawing of the prescribed forms and form of authorization for each change of address per trade mark in one class ... Shs. 50,000

Instructions to amend or alter one registered trade mark in one class, including the drawing the prescribed form and form of authorization Shs. 200,000 (b) Instructions to amend or alter second and further registered trade marks simultaneous ly in one class, including the drawing of the prescribed form and form of authorization for amendment or alteration per trade mark in one class Shs. 50,000

Instructions to search register Shs. 80,000

Instructions to advise on the registrability of a proposed trade mark in one class, including all correspondence Shs. 150,000

Instructions to obtain Registrar's preliminary advice on Forms TM 27 or TM 28, including drawing the prescribed form and all corre spondence in connection therewith ... Shs. 60,000

Instructions to search a trade mark file for particulars thereof per trade mark in one class Shs. 50,000

Instructions to enter opposition or to defend opposition proceedings or to apply for recti fication or to defend rectification proceed ings where such opposition or proceedings are conducted before the Registrar, such fee as the Taxing Officer, in the exercise of his discretion and taking into consideration the nature and importance of the opposition or rectifiction, the value of the trade mark to the parties concerned, the amount of evidence filed and the time required for the prepara tion thereof, the general conduct of the pro ceedings and all other relevant circum stances, shall decide but not less than ... Shs. 500,000

attendances before the Registrar conducting opposition or rectification proceedings every whole day.................................................... Shs. 150,000

Every half-day or part thereof ............. Shs. 75,000

On interlocutory matters, taking judge ments, minutes or part thereof ............. Shs. 10,000 MISCELLANEOUS MATTERS- (a) Attendances on the Registrar for every 15 minutes or part thereof ....................... Shs. 10,000

Correspondence letters, re-infringement, opposition, but not concermed with applica tions, renewals (per letter) ....................... Shs. 10,000 (or per folio) .......................................... Shs. 2,000

Receiving and perusing letters - per letter Shs. 5,000 (or per folio) .......................................... Shs. 1,000

Drawing all other necessary documents, notice of opposition, statutory declarations, counter statements, etc, Per folio Shs. 10,000 File copies per folio Shs. 2,000

Perusing documents, pleadings, statutory declarations, etc, to be charged for as for perusals at item 6 (a) of the Sixth Schedule.

Instructions to register an assignment of a patent, including drawing form of authoriza tion and stamping it, drawing assignment and lodging application and all correspon dence Shs. 150,000

Instructions to register an extension of a patent, including drawing form of authoriza tion and stamping it and making application forextension Shs. 150,000

Attending at the registry, searching register of patents-for every 15 minutes Shs. 10,000 All instruction fees prescribed in paragraphs "A" and "B" of this Schedule may, in ary case, be increased by the Registrar in his discretion.

In ordinary cases, per folio shs. 10,000

In ordinary cases, per 15 minutes or part thereof Shs. 10,000

In other cases, the Taxing Officer may increase or reduce the above charge if for any special reason he sees fit.

Where requested by purchaser's or mort gagee's advocate, drawing abstract or mem orandum, per folio Shs. 10,000

Fair copy, per folio Shs. 4,000

For every day of not less than six hours employed on business or in travelling ... Shs. 300,000

Where a less time than six hours is so employed per hour Shs. 50,000

Letters Shs. 20,000 or per Folio Shs. 4>000

Receiving and perusing a letter Shs. 5,000 or per folio shs. 1,000

Where the amount of debt exceeds Shs. 500,000 but does not exceed Shs. 1,000.000 ten per centum of the first Shs. 500,000 and five per centum on the excess of Shs. 500,000 up to Shs. 1,000,000;

Where the amount of debt exceeds Shs. 1,000,000 but does not exceed Shs. 10,000,000 ten per centum of the first Shs. 500,000 and five per centum on the excess of Shs. 500,000 up to Shs. 1,000,000, three per centum on excess of Shs. 1,000,000 up to Shs. 10,000,000.

Where the amount of debt exceeds Shs. 10,000,000 one per centum on the excess of Shs. 10,000,000.

subject as hereinafter provided, the fees for instructions shall be as follows,

where the amount exceeds Shs. 500,000 but does not exceed Shs. 5,000,000 twelve-and- half per centum on the first Shs. 500,000 and ten per centum on the next Shs. 4,500,000;

where it exceeds Shs. 5,000,000 but does not exceed Shs. 10,000,000 ... twelve-and- half per centum on the first Shs. 500,000 and ten per cen tum on the next Shs. 4,500,000 seven-and-half per centum on the next Shs. 5,000,000.

where it exceeds Shs. 10,000,000 but does not exceed Shs. 20,000,OOOtwelve-and- half per centum on the first Shs. 500,000 and ten per cen tum on the next Shs. 4,500,000 seven-and-half per centum on the next Shs. 5,000,000 and five per centum on the next Shs. 10,000,000; (e) where it exceeds Shs. 20,000,000 one per cen tum on the excess of Shs. 20,000,000;

to sue or defend or to present or oppose an appeal in any case not provided for above in any court not less than Shs. 75,000; (vi) to present or oppose a petition for winding up a com pany or a divorce or other matrimonial proceedings or to prosecute or oppose a suit by originating summons in any court, not less than Shs. 75,000; (vii) for applications, notices of motion or chamber appli cations, (a) where the application is unopposed not less than Shs. 100,000; (b) where the application is opposed not less than Shs. 150,000; (viii) to file objections to an arbitrator's or commissioner's report - the fee shall be as in (iv) or (v) above depend ing on whether it can be valued or not: Provided that-

Pleadings, interlocutory application, notice of motion or chamber application, originat ing summons, affidavit, petition of appeal, interrogatories, notices to admit and pro duce, agreement for compromise, adjust ment or satisfaction of suit, or for reference to arbitration (two folio or less) Shs. 15,000;

The like, in excess of two folios, additional per folio after the first two folios Shs. 5,000;

Creditor's or debtor's petition that debtor be adjudicated insolvent, Shs. 10,000 per folio, but not less than Shs. 25,000;

Notice of objections by debtor to creditor's petition where court allows costs to the debtor on dismissal of creditor's petition, ... Shs. 10,000; per folio, but not less than Shs. 25,000;

All other necessary documents, Shs. 8,000; per folio but not less than Shs. 25,000;

Every agreement raising questions of law or fact for the decision of the court (unless cer tified by the judge or magistrate to be allowed at a higher rate) Shs. 8,000; per folio, but not more than Shs. 50,000;

Bill of costs per folio Shs. 5,000;

Affidavit of service inclusive of annextures Shs. 10,000.

Copies of pleadings, affidavit, petition of appeal, cross objections to petition, inter rogatories, replies to interrogatories, agree ment in satisfation of suit or for reference to arbitration, exhibit, bill of costs and every other necessary document (whether for court or opposing party) per folio Shs. 15,000.

The actual costs of copies of judge's notes be-spoken from day-to-day as a case proceeds may be allowed if certified for by the trial judge.

The actual cost of printing supported by vouchers shall be allowed (subject to rule II of these Rules).

In special cases in addition to preparing and making copies of any account or other docu ments not being notes or observations relat ing to the evidence of witness only, which may be necessary for the judge's or advo cate's use at the trial, such sum as may be reasonable, not exceeding, per folio ... Shs. 5,000.

Each necessary telephone call allowed ... Shs. 10,000

On any necessary application to, or atten dance on, the Magistrate or Registrar includ ing taxation,per 15 minutes or part thereof Shs. 15,000

At offices of court or Registrar or upon opposite party or his advocate on routine matters- (i) Advocate Shs. 10,000 (ii) Clerk Shs. 7,000

To make or oppose any application or motion before the judge or magistrate, not less than Shs. 50,000

M court on any matter on a date fixed by the court for hearing or for calling over lists when case cannot be taken or summons unserved- (i) if in court Shs. 20,000 (ii) if in chambers Shs. 15,000

At court for orders if defendant appears and admits the claim and judgement is given Shs. 30,000

At court on settlement of issues or for orders Shs. 30,000

At court conducting cause- (i) for every day of not less than six hours Shs. 30,000 (ii) where a less time than six hours is so employed, per hour Shs. 50,000

To hear a reserved judgement or to obtain judgement on arbitrator's award or commis sioner's report, per half-hour or part thereof Shs. 20,000

With judge on a view, if in court hours, the same fees as for attendances in court con ducting cause, but if out of court hours, per hour, including travelling time, in addition to all expenses properly incurred in getting to and from the place viewed Shs. 50,000

Where there are several dependents or it is necessary for the purpose of having an affi davit sworn to go a distance or employ an agent, reasonable allowance may be made on special grounds by the Taxing Officer.

On behalf of petitioning creditor or receiver, after receiver appointed, and giving him all necessary information, per 15 minutes or part thereof Shs. 10,000

Before a commissioner for adjustment of accounts, per 15 minutes or part thereof ... qqq

Before an arbitrator, same fees as for con ducting a case in court.

For all other necessary attendances, per 15 minutes or part therof Shs. 12,000

Perusals of notices and other routine docu Shs. 5,000 ments ............................................................. (c) Perusals of necessary letter....................... Shs. 5,000 or per folio................................................... Shs. 1,000

For reading and correcting proofs, printed matter, per folio......................................... Shs. 1,000

For actual travelling and subsistence expenses incurred by the process server; charge the actual expenses incurred.

Where service is by post or by any other mode substituted service; charge the actual expenses incurred.

Drawing application for letters of adminis tration or probate, oath of executor, affidavit of due execution of will or any other neces sary documents charge as in paragraphs 2 (a) and (b) of this Schedule.

Instructions to prepare an inventory or account per Shs. 200,000 of net estate, Shs. 10,000 but not less than Shs. 60,000 (e) Drawing inventory of account per folio, Shs. 121,000 but not less than Shs. 40,000 (f) Copies of inventory and account and other necessary documents per folio-charge same as in paragraph 4 of this Schedule. (g) Necessary attendances at the Registrar's in connection with taking out letters, or regis tering a will-charge as in paragraph 5 of this Schedule.

Instructions for petition Shs. 180,000 (ii) Instructions to apply for discharge ... Shs. 90,000

Instruction for petition where the assets are certified in non summary cases- (i) as not likely to realise Shs. 1,000,000 not more than Shs. 10,000 (ii) as likely to exceed Shs. 1,000,000, but not to exceed Shs. 5,000,000 not less than q00 (iii) as likely to exceed Shs. 5,000,000, then the minimum fee shall be increased by Shs. 100,000 for every additional Shs. 1,000,000 or part thereof up to Shs. 10,000,000; (iv) in excess of Shs. 10,000,000 then the minimum fee shall be increased by Shs. 20,000 for every additional Shs. 1,000,000 or part thereof; (c) A certificate of the receiver as to the value which the assests are likely to increase shall be pro duced to the Taxing Officer and the allowance for instructions for petition made accordingly. (J) In cases where a composition is accepted and confirmed by the court the value of the asses ts shall be taken at the amount required for the purpose of composition. (e) Instruction to apply for discharge not less 12,000 than (f) Debtor's advocate's costs for instructions for and drawing consent to, an order of adjudica tion on creditor's petition to declare insoh'ent- (i) where the assests are certified by the receiver as not likely to realise Shs. 500,000 not less _ __ than............................................................ Shs-

Creditor's advocates's costs for petition to adjudicate debtor insolvent where assets are certified,

Instruction for the appointment of interim receiver of an insolvent's estate, not less than Shs. 100,000

where the debtor disputes the statements in the petition, further instructions, not less than Shs. 200,000

Debtor's advocate's costs-where the court allows costs to the debtor on dismissal of a petition in insolvency, instructions to oppose petitions, not less than Shs. 300,000