The Laws of Zambia
(3) Any person applying to the registrar of the Tribunal for the issue of a subpoena
to compel the attendance of any witness shall by endorsement of such subpoena give an
undertaking that all expenses due to the witness shall be tendered to such witness upon
service of the subpoena, failing which no subpoena shall issue. If upon service of the
subpoena all expenses due to such witness have not been paid the subpoena shall have
no force and effect.
(4) In the taxation of costs between party and party, no amount shall be allowed for
any witness whether for attendance or travelling expenses unless there is produced to the
Taxing Officer proof that such amount has already been paid or tendered to or claimed by
such witness.
(5) In the taxation of costs between party and party, nothing shall be allowed for any
witness not examined unless upon proof that his evidence might reasonably have been
believed to be material and necessary.
(6) If the number of witnesses summoned, or if the number of affidavits filed, is
manifestly greater than is reasonably necessary, there shall only be allowed against the
other party the charges for such witnesses or affidavits as were reasonably necessary.
(7) In the taxation of costs between party and party, no amount shall be allowed for
any witness in respect of personal attendance or travelling expenses if the fact or facts
which such witness is subpoenaed to prove have, before the issue of such subpoena,
been admitted to the party taking out the subpoena by the opposite party:
Provided that such admission shall be in writing, signed by the party making it or his
legal practitioner acting on his behalf.
(8) When the same person is a witness in more cases than one heard on the same
day, he shall be entitled to no more than one fee for personal attendance and one
allowance for travelling expenses, which shall be equally divided between such cases.
20. (1) In all cases where a notice of taxation is necessary, seven days' notice
together with a copy of the bill of costs shall be given by the legal practitioner on behalf of
the party whose costs are to be taxed to the other party or to the legal practitioner of such
other party.
(2) When the dwelling-house or place of business of the party against whom costs
are to be taxed is more than thirty-six miles from the seat of the High Court, the time for
the service of such notice shall be extended to fourteen days.
(3) In the taxation of costs, the notice of taxation with a copy of the bill of costs may
be transmitted by registered post to the party appearing in person.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Taxation of costs
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