Mandoloma & Another v Sedom (MSCA Civil Cause 37 of 1994) [1995] MWHCCiv 6 (18 April 1995)

IN THE HIGH COURT OF :MALAWI PRINCIPAL REGISTRY MSCA CIVIL CAUSE NO. 37 OF 1994 BETWEEN: B. J. MANDOLOMA and H. P. CHIWAYA . . . . . . . . . . . . . . . . . . . . APPP ELLANTS and SEDOM . . . . . . . . . . . . . . . . . . . . . . . . . . . RESP ONDENTS CO RAM: E. B. TWEA, REGISTRAR Chisambiro, Counsel for the Appellants ·- Counse l for the Respondent, absent . RULING I h a ve examined the record and submissions of cou nsel on the taxation of the plaintiffs' bill. I did agr ee with counsel for the defendant that non-compliance with the Ru l es of the Supreme Court would entitle the taxing master to tax off some of the bill. I have There was mostly agreement on most examined the bill item by item after examination . Where I fi nd that the plaintiff had no right to suc ceed, I taxed off the whole item . After due examination of Part A, I allowed generally 50\ for care and conduct on all items. After examination of the record I noted that on some days court sat half day or not at all. At the end of i t al l I granted the plaintiff K17,640 on Par t A. i terns and On p art B, I granted 50%, which comes to KB,820. On Item C, pl ai ntiff K38 ,845 as K20,812 in all. I granted K12, 385. taxed cost. In all I gran ted the tax ed off I have Pronounced in Chambers this 18th day of Apri l 1 995, at Blantyre. ~ EB 'l'wea REGISTRAR