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