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Abdurahim and Others v Khimji (C.C. 112-1929 (Msa.).)

East African Court of Appeal · [1929] EACA 58 · 1929 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to disallow items from plaintiffs' bill of costs taxed by the Registrar
Decision
Defendant's application to disallow certain cost items granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that under Order 6 Rules 1 and 11 of the Civil Procedure Rules 1927, pleadings need only contain material facts, not evidence. Making copies of promissory notes for attachment to the plaint was wholly unnecessary where the pleading need only state the effect of the document. The costs on these items were disallowed.

Outcome

Defendant's application to disallow certain cost items granted

Facts

The plaintiffs had sued on promissory notes. After taxation of costs by the Registrar, the defendant applied to disallow multiple items from the plaintiffs' bill of costs relating to making copies of promissory notes for attaching to the plaint. The defendant argued that under the Civil Procedure Rules 1927, specifically Order 6 Rules 1 and 11, such copies were unnecessary as pleadings need only contain material facts and the effect of documents, not the documents themselves or evidence.

Issues

  1. Whether the costs of making copies of promissory notes for attaching to the plaint should be allowed under the Civil Procedure Rules 1927.

Orders

  • Application granted.
  • Items 7, 8, 10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 23 and 24 from the plaintiffs' bill of costs disallowed.
  • Costs of the application awarded to the defendant.

Rules and key headnotes

Civil Procedure — Pleadings — Material Facts versus Evidence
Pleadings must contain only a statement of material facts on which the party relies, not the evidence by which those facts are to be proved. All facts which tend to prove the fact in issue will be relevant at trial, but they are not material facts for pleading purposes.
Civil Procedure — Pleadings — Documents — Statement of Effect
Where the contents of any document are material, it is sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.
Civil Procedure — Costs — Taxation — Unnecessary Items
Costs incurred in making copies of promissory notes for attaching to the plaint are wholly unnecessary under the Civil Procedure Rules where the pleading need only state that a sum was due on a certain date under a bill of exchange or promissory note with the date when made, and such costs must be disallowed.

Legislation cited (2)

  • Civil Procedure Rules 1927 Order 6 Rule 1
  • Civil Procedure Rules 1927 Order 6 Rule 11

Cases cited (1)

  • Williams v Wilcox (1838) 8 Ad & E 331

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abdurahim and Others v Khimji (C.C. 112-1929 (Msa.).) [1929] EACA 58 (1 January 1929)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.