Madhani v Janmohamed (Civil Case No. 498 of 1951) [1952] EACA 277 (1 January 1952)

## ORIGINAL CIVIL

Before BOURKE, J.

## KASSAMALI VIRIL MADHANI, Plaintiff

$\boldsymbol{v}$ .

## NOORMOHAMED JANMOHAMED, Defendant

## Civil Case No. 498 of 1951

Taxation of costs—Interlocutory costs when recoverable before action concluded.

On appeal to the Court of Appeal for Eastern Africa from the Supreme Court an order or a motion before the Supreme Court the Court of Appeal allowed the appeal with costs and directed the respondent to pay the appellant's costs of the motion before Supreme Court, etc.

Held (28-4-52).—Upon the request of the successful party it is the duty of the Taxing Officer to proceed to taxation at once.

Case referred to: Phillipps v. Phillipps (1879-80) 5 Q. B. D. 60.

A. R. Kapila for plaintiff.

D. N. Khanna for defendant.

JUDGMENT.—The Court of Appeal allowed the appeal with costs and directed further that the respondent do pay to the appellant the costs of the motion before the Supreme Court together with any costs occasioned to the appellant by and incidental to the granting of the temporary injunction. On the authority of Phillipps v. Phillipps (1879-80) 5 Q. B. D. 60, there is an order for immediate payment and consequently for immediate taxation, because when costs are to be paid at once, it is the duty of the proper taxing officer at once, upon the request of the successful party, to proceed to the taxation of them (ib. per Cotton, L. J., p. 63). I uphold the objection and do remit the matter to the Taxing Master with a direction to proceed to the taxation requested. The appellant will have his costs on this objection.