Wakilii

Candia & Another v Best Kemigisha (Miscellaneous Cause 187 of 2022)

High Court · [2024] UGHCCD 195 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by advocates for leave to file and tax an advocate-client bill of costs arising from concluded civil and criminal matters
Decision
Application for leave to file and tax advocate-client bill of costs refused due to failure to charge fees at the outset of the advocate-client relationship and failure to pursue execution against the judgment debtor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that advocates who perform professional legal services without charging clients at the commencement of the relationship or agreeing on fees in advance should not be permitted to recover fees through advocate-client taxation after the fact. Where advocates failed to recover costs awarded to their client from the judgment debtor through execution, and where no evidence showed fees were charged at the outset for representation in criminal and civil matters, the court declined to grant leave to file and tax an advocate-client bill of costs. Application dismissed.

Outcome

Application for leave to file and tax advocate-client bill of costs refused due to failure to charge fees at the outset of the advocate-client relationship and failure to pursue execution against the judgment debtor

Facts

The applicants, two advocates, represented the respondent in Civil Suit No. 261 of 2010 for recovery of UGX 3,831,050,000 and held a watching brief in related Criminal Case No. 726 of 2010. Judgment was delivered in the civil suit on 2 March 2017 awarding the respondent UGX 3,376,050,000 with interest and costs. Judgment in the criminal case was delivered on 28 January 2015 with conviction and a restitution order exceeding UGX 3,376,000,000. The applicants served the respondent with an advocate-client bill of costs for UGX 1,028,430,000, which the respondent declined to honour, claiming she had already paid UGX 10,000,000 in two instalments in 2013. The applicants contended that the 2013 payment related to a separate defamation suit against Red Pepper Publications (Civil Suit No. 162 of 2012). The applicants never attempted to recover the decretal sum or costs from the judgment debtor Bob Kasango through execution proceedings before his death.

Issues

  1. Whether the applicants should be granted leave to file and tax an advocate-client bill of costs.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Advocate-Client Costs — Professional Fees — Requirement to Charge at Commencement of Retainer
An advocate who represents a client without charging professional legal fees at the beginning of the advocate-client relationship should not be permitted to file an advocate-client bill of costs to recover fees retrospectively after the work is completed.
Advocate-Client Costs — Duty to Execute Judgment — Recovery from Judgment Debtor
Where an advocate successfully obtains judgment awarding costs to the client, the advocate is expected to attempt recovery of those costs from the judgment debtor through execution proceedings before seeking to recover professional fees directly from the client through advocate-client taxation.
Advocates Act — Section 57 and 58 — Prerequisites for Recovery of Costs
Sections 57 and 58 of the Advocates Act require an itemised bill of costs to be delivered to the client and are intended to enable the court to oversee the charging of professional fees where a dispute arises as to quantum or propriety of fees, but compliance with these provisions does not excuse advocates from charging fees at the outset of the retainer.
Professional Conduct — Prohibition Against Undercutting and Deferred Billing
The practice of advocates performing professional work without charging clients and later attempting to recover fees through court processes borders on professional misconduct and amounts to offering services on credit, which should be discouraged.

Legislation cited (5)

Cases cited (2)

  • H&G Advocates v International Aids Vaccine Initiatives & Others (Miscellaneous Taxation Appeal No. 05 & 06 of 2021)
  • Hon Ababiku Jesca v Eriyo Jesca Osuna (Miscellaneous Applications No. 0004, 0031 & 0037 of 2015)

Full judgment

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

Candia & Another v Best Kemigisha (Miscellaneous Cause 187 of 2022) [2024] UGHCCD 195 (20 November 2024)
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.