Wakilii

Desai v Jiwa (Civil Suit No. 77 of 1952)

East African Court of Appeal · [1953] EACA 19 · 1953 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for order to strike out defence for failure to pay taxed interlocutory costs
Decision
Application granted with order for defence to be struck out if costs not paid within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 it has inherent jurisdiction under sections 63 and 97 of the Civil Procedure Ordinance and under Order 16 rule 4 of the Civil Procedure Rules to impose a time limit for payment of taxed costs previously ordered and to strike out the defence if the defendant fails to comply within the specified time.

Outcome

Application granted with order for defence to be struck out if costs not paid within 14 days

Facts

The Court had previously ordered certain parts of the defendant's defence to be struck out following applications for further and better particulars and to strike out the defence. The defendant was ordered to pay the taxed costs of those applications. The costs were duly taxed but the defendant failed to pay as ordered. The plaintiff then applied for a further order that unless the costs were paid within a limited time after taxation, the defence be struck out entirely and the suit proceed ex parte.

Issues

  1. Whether the Court has jurisdiction to make a further order imposing a time limit for payment of taxed interlocutory costs and to strike out the defence in default of compliance.

Orders

  • In default of the defendant paying into Court the taxed costs ordered to be paid within 14 days of service of the taxation order, the defence be wholly struck out.
  • The case may proceed ex parte upon such default.
  • This order to be served on the defendant together with the taxation order.

Rules and key headnotes

Civil Procedure — Interlocutory Costs — Power to Strike Out Defence for Non-Payment
A court has inherent jurisdiction under sections 63 and 97 of the Civil Procedure Ordinance as well as under Order 16 rule 4 of the Civil Procedure Rules to impose a time limit for payment of taxed interlocutory costs previously ordered and to strike out a defence in default of compliance within the specified time.
Civil Procedure — Failure to Perform Act Necessary to Progress of Suit
Failure of a defendant to pay taxed costs within a specified time constitutes a failure to perform an act necessary to the further progress of the suit, justifying striking out of the defence.

Legislation cited (4)

  • Civil Procedure Ordinance (Cap. 5) s.63
  • Civil Procedure Ordinance (Cap. 5) s.97
  • Civil Procedure (Revised) Rules, 1948 Order 16 rule 2
  • Civil Procedure (Revised) Rules, 1948 Order 16 rule 4

Cases cited (3)

  • Gauri Shankar v Musammat Manki Kunwar (1923) ILR 45 All 624
  • Shaikh Saheb v Mohomed (1890) ILR 13 Mad 510
  • East Indian Railway Co v Jit Mal (1925) ILR 47 All 538

Full judgment

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

Desai v Jiwa (Civil Suit No. 77 of 1952) [1953] EACA 19 (1 January 1953)
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.