Augustus Close Holdings (Private) Limited v The Taxating Officer and The Farmakas Trust and Antony Antoniou and Paidamoyo Kuruneri and Carol Habbart and John George Sampson and City of Harare and Director of Works

HH 417-24

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Case Details

Court

Harare High Court

Date

16 September 2024

Citation

HH 417-24

Neutral Citation

[2024] ZWHH 417

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Civil ProcedureTaxation of CostsExecution

Keywords

bill of coststaxing officerwrit of executionconsentwithdrawal of opposition

Key Issues

{"issue_text":"Whether the court should grant a stay of execution of the writ of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Bill taxed without court order, separate application challenging taxation pending"}
{"issue_text":"Whether the taxing officer can tax a bill of costs without a court order","issue_type":"law","dispositive":"no","related_facts":"Rule 72(3) of High Court Rules, consent to taxation"}

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background

Facts of the Case

Background

The applicant sought a stay of execution of a writ of execution issued pursuant to a bill of costs taxed by the first respondent. The bill related to costs tendered by the applicant when it withdrew its opposition in case HC4608/23. The applicant argued the taxing officer had no power to tax costs without a court order, while respondents contended there was consent to the taxation.

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