The Laws of Zambia
PART IV
TAXATION OF COSTS
16. The registrar of the High Court shall be the Taxing Officer for the purpose of
taxing a bill of costs of a legal practitioner, and in the taxation of costs shall comply with
such instructions as may from time to time be given to him by the High Court for that
purpose.
Registrar of Tribunal to
be Taxing Officer
17. (1) With a view to affording the party who has been awarded an order for costs
a full indemnity for all costs reasonably incurred by him in relation to his application or
opposition, and to ensure that all such costs shall be borne by the party against whom
such order has been awarded by the High Court, the Taxing Officer shall on every taxation
allow all such costs, charges and expenses as appear to him to have been necessary or
proper for the attainment of justice or for defending the rights of any party, but, save as
against the party who incurred the same, no costs shall be allowed which appear to the
Taxing Officer to have been incurred or increased through over-caution, negligence or
mistake, or by payment of a special fee to counsel, unless the High Court otherwise
orders, or special charges and expenses to witnesses or other persons or by other
unusual expenses.
Necessary and proper
costs to be allowed
(2) Upon the taxation of costs the Taxing Officer may, in determining the
remuneration to be allowed, have regard to the skill, labour and responsibility involved, If,
on having regard to the said matters, the Taxing Officer considers that there are special
reasons why costs in excess of those prescribed in the Second Schedule should be
allowed, he may, in respect of any particular application made or business done, allow
such costs as seem to him reasonable and shall certify his decision in writing.
(3) Any person aggrieved by the charges made by any legal practitioner in respect
of work performed by him under the provisions of the Act may refer such charges to the
Taxing Officer for taxation.
18.
In the taxation of costs the Taxing Officer shall be guided, as far as the
circumstances of each particular case will permit, by the scale of fees prescribed in Part
IV of the Second Schedule. In addition to these charges, all disbursements shall be
separately charged and shall be allowed by the Taxing Officer when reasonable.
Scale of fees to be
followed
19. (1) Witnesses requiring payment shall be paid for their attendance and
travelling in accordance with the tariff prescribed in Part II of the Second Schedule.
Witnesses' charges
and allowances
(2) The charges for witnesses as fixed by tariff are to be considered as payable to
the witness by the party who summoned or produced him and, in the event of any such
party being awarded his costs against any other party, the said charges shall be allowed
against such other party in the taxation of costs.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
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