Wakilii

Baguma v Kunihira [2025] UGHC 747

High Court · 2025 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation of costs arising from Election Petition No. 007 of 2021
Decision
Bill of costs reduced from UGX 67,170,000 to UGX 46,370,000

Observed later treatment

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Holding

The High Court held that a taxation appeal challenging costs awarded in an election petition was competently brought under Regulation 3(1) of the Advocates (Taxation of Costs) (Appeals and References) Regulations. The court found that instruction fees of UGX 50,000,000 were manifestly excessive for a parliamentary election petition and reduced them to UGX 30,000,000. The court also revised downwards certain items for extra copies, finding that only three extra copies were necessary for a case with one petitioner and two respondents. The total bill of costs was reduced from UGX 67,170,000 to UGX 46,370,000.

Outcome

Bill of costs reduced from UGX 67,170,000 to UGX 46,370,000

Facts

The appellant contested the respondent's election as Woman Member of Parliament for Kyenjojo District in Election Petition No. 007 of 2021. The petition was dismissed with costs awarded to the respondent. The respondent filed a bill of costs which was taxed and allowed at UGX 67,170,000, including instruction fees of UGX 50,000,000. The appellant challenged the taxation, arguing that the instruction fees were manifestly excessive, several items were duplicative, and certain expenses were not proven by receipts. The respondent defended the award, stating that the petition covered three constituencies (Mwenge North, Central, and South) and required extensive affidavit evidence from numerous polling stations, justifying the costs awarded.

Issues

  1. Whether the instant appeal is incompetent for having been brought using the wrong procedure.
  2. Whether the taxation was conducted in accordance with the Remuneration Rules, and if not, what is the appropriate re-assessment of costs.
  3. What remedies are available to the parties?

Orders

  • The preliminary objection on procedural grounds is overruled.
  • The taxation of Election Petition No. 007 of 2021 is reviewed and revised downwards.
  • The Respondent's Bill of Costs is taxed and allowed at Uganda Shillings Forty-Six Million, Three Hundred Seventy Thousand Only (UGX 46,370,000).
  • Each party shall bear their own costs for this application.

Rules and key headnotes

Civil Procedure — Taxation of Costs — Appeals — Procedural Competency
An appeal from a taxation of costs brought by way of chamber summons under Regulation 3(1) of the Advocates (Taxation of Costs) (Appeals and References) Regulations is competent, notwithstanding that the applicant labels it as seeking 'review and revision'. The substance of the challenge, not the terminology used, determines procedural competency.
Civil Procedure — Taxation of Costs — Judicial Intervention — Principles
A judge will not interfere with the award of a Taxing Officer unless the Taxing Officer has proceeded on a wrong principle or the award is manifestly excessive as to amount to an injustice. The Taxing Officer's discretion must be exercised judicially and not arbitrarily.
Electoral Law — Election Petitions — Costs — Instruction Fees
While Rule 6 of the Sixth Schedule to the Advocates (Remuneration and Taxation of Costs) (Amendment) Regulations, 2018 provides that instruction fees for a parliamentary election petition shall not be less than UGX 10,000,000, the principle of proportionality demands that costs awarded should be commensurate with the work done and the complexity of the case. An instruction fee of UGX 50,000,000 for a parliamentary election petition covering three constituencies, though complex, may be manifestly excessive without detailed justification.
Civil Procedure — Taxation of Costs — Extra Copies — Necessary Copies
In determining the number of extra copies of pleadings that should be allowed in taxation, the court must consider the actual requirements of the case. For a case with one petitioner and two respondents, only three extra copies are genuinely necessary for proper filing, retention, and service, not four.
Civil Procedure — Taxation of Costs — Disbursements — Travel and Accommodation
The absence of receipts for travel, accommodation, and feeding expenses does not automatically lead to denial of such costs where there is no doubt that the expenses were genuinely incurred. A Taxing Master may make a reasonable estimate based on known distances and typical costs, particularly where advocates and witnesses must travel significant distances to attend court.

Legislation cited (8)

Cases cited (2)

Full judgment

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Baguma v Kunihira 2025 UGHC 747 (18 August 2025)
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.