Wakilii

B.E.A Corporation Ltd v Kanji and Another (Civil Appeal No. 12 of 1940)

East African Court of Appeal · [1940] EACA 6 · 1940 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of H.M. Supreme Court of Kenya on a reference from a Taxing Officer under Rule 7, Rules of Court (Advocate's Remuneration and Taxation of Costs) No. 2 of 1916
Decision
Appeal dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court held that no appeal lies from a decision of a judge on a reference made under Rule 7 of the Advocate's Remuneration and Taxation of Costs Rules No. 2 of 1916. The right of appeal is the creature of statute and must be expressly provided. Order XL Rule 1(2) of the Civil Procedure Rules, which provides for appeals with leave from other orders, applies only to orders made under the Civil Procedure Ordinance or its rules, not to orders made under rules created by a different rule-making authority under an Order in Council.

Outcome

Appeal dismissed with costs

Facts

The respondents, as administrators of a deceased estate, obtained a decision from a Taxing Officer regarding costs. The appellants objected and referred the matter to a judge of the Supreme Court under Rule 7 of the Advocate's Remuneration and Taxation of Costs Rules No. 2 of 1916. The judge made a decision on the reference. The appellants then sought to appeal that decision to the Court of Appeal for Eastern Africa. The question arose whether such an appeal was competent, as Rule 7 itself provided no right of appeal and the appellants relied on Order XL Rule 1(2) of the Civil Procedure Rules 1927 as the source of appellate jurisdiction.

Issues

  1. Whether an appeal lies from the decision of a judge on a reference made under Rule 7, Rules of Court (Advocate's Remuneration and Taxation of Costs) No. 2 of 1916.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Jurisdiction — Right of Appeal as Creature of Statute
The right of appeal is the creature of statute and can only be given by express legislation.
Civil Procedure — Appeals — Scope of Order XL Rule 1(2) — Orders Under Different Rule-Making Authority
Order XL Rule 1(2) of the Civil Procedure Rules, which permits appeals with leave from any other order, applies only to orders made under the Civil Procedure Ordinance or rules made by the Rules Committee thereunder, and does not extend to orders made under rules created by a different rule-making authority such as judges exercising powers under an Order in Council.
Civil Procedure — Taxation of Costs — No Appeal from Judge's Decision on Reference from Taxing Officer
No appeal lies from a decision of a judge on a reference made under Rule 7 of the Advocate's Remuneration and Taxation of Costs Rules No. 2 of 1916, as the Rules themselves provide no right of appeal and no such right can be found in the Civil Procedure Rules.
Administrative Law — Rule-Making Powers — Limits on Rules Committee Authority
A Rules Committee constituted under an Ordinance cannot arrogate to itself the power to create rights of appeal from orders made under rules framed by a different rule-making authority, such as judges of the Supreme Court acting under an Order in Council.

Legislation cited (12)

Full judgment

↓ Download PDF

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

B.E.A Corporation Ltd v Kanji and Another (Civil Appeal No. 12 of 1940) [1940] EACA 6 (1 January 1940)
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.