Wakilii

Dr. Timothy Kimuli Mulindwa v M S Magellan Kazibwe & Co. Advocates (Miscellaneous Application No. 2303 of 2021)

High Court · [2022] UGHCLD 331 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside exparte taxation of advocates' bill of costs
Decision
Exparte taxation order set aside; matter to proceed interpartes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that an applicant who failed to attend an exparte taxation hearing due to counsel's inadvertent mistake has established sufficient cause under Order 9 Rule 27 of the Civil Procedure Rules. The mistake of counsel should not be visited upon the litigant, and the ends of justice require that parties be given a chance to be heard. The exparte taxation order was set aside.

Outcome

Exparte taxation order set aside; matter to proceed interpartes

Facts

The Applicant sought to set aside an exparte taxation of the Respondent's bill of costs, claiming he was not served with a taxation hearing notice and had valid objections to the amounts claimed. The Applicant averred he was unaware of the hearing date due to his lawyers' inadvertent mistakes. The Respondent contended that on 29 April 2021, the Applicant and his lawyers did not attend court though duly served, and the court granted an order to proceed exparte. The Respondent argued the Applicant was aware of the hearing but failed to file an affidavit in reply.

Issues

  1. Whether there is sufficient cause to set aside the exparte taxation order.

Orders

  • Application granted.
  • Exparte taxation of the Respondent's bill of costs set aside.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Setting Aside Exparte Orders — Sufficient Cause — Mistake of Counsel
The mistake of an advocate, though negligent, may be accepted as sufficient cause to set aside an exparte order, and such mistake should not be visited upon the litigant.
Civil Procedure — Setting Aside Exparte Orders — Right to Be Heard — Ends of Justice
The ends of justice require that parties ought to be given a chance to be heard, and a litigant who was prevented from attending a hearing due to counsel's error deserves a hearing so that the matter is conducted in their presence.

Legislation cited (1)

  • Civil Procedure Rules O.9 R.27

Cases cited (4)

  • Captain Philip Ongom v Catherine Nyero Owota (Supreme Court Civil Appeal No. 14 of 2001)
  • Massa versus Achan (1978 HCB 297)
  • Florence Nabatanzi v Naome Binsobedde (Supreme Court Civil Appeal No. 6 of 1987)
  • Re Namatovu Tebbajukira; [1992-93] HCB

Full judgment

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

Dr._Timothy_Kimuli_Mulindwa_v_M_S_Magellan_Kazibwe_&_Co._Advocates_(Miscellaneous_Application_No._2303_of_2021)_[2022]_UGHCLD_331_(22_April_2022)
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.