LAWS OF MALAWI Registered Designs Registered Designs(Tribunal) Rules Cap. 49:05 [Subsidiary] 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 traveling 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. (3) Any person applying to the registrar of the Tribunal for the issue of a subpoena to compel the attendance of any witness shall be 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 traveling 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 traveling 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. 87