LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
17.
18.
Cap. 49:01
(Subsidiary)
(2)
Upon the taxation of costs the Taxing Officer may, in determining the
remuneration to be allowed, have regard to the skill, labour and
responsibility involved. If, on having regard to the said matters, the
Taxing Officer considers that there are special reasons why costs in
excess of those prescribed in the Second Schedule should be allowed,
he may, in respect of any particular application made or business
done, allow such costs as seem to him reasonable and shall certify his
decision in writing.
(3)
Any persons aggrieved by the charges made by any legal practitioner
in respect of work performed by him under the Act may refer such
charges to the Taxing Officer for taxation.
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
Other when reasonable.
(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.
(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 by
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 thee 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.
Scale of fees to b
allowed.
Witnesses’ charges
and allowances.