Wakilii

Fathili v Kara (C.C. 53-1930.)

East African Court of Appeal · [1933] EACA 4 · 1933 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Execution proceedings following decree for costs
Decision
Attachment of judgment debtor's livestock granted; limitation defence rejected

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Taxation of costs in a decree for costs is a step in execution. Where a decree is for costs only and the bill is taxed later than the decree, the date of taxation may be taken into consideration in execution proceedings in relation to limitation. Until costs are taxed in a costs-only decree, there is nothing for which execution can issue, making taxation a condition precedent to execution and therefore a step in aid of execution.

Outcome

Attachment of judgment debtor's livestock granted; limitation defence rejected

Facts

Plaintiff sued defendant for return of cattle or Sh. 3,040 with interest and costs. On 26 May 1930, the suit was dismissed with costs to defendant. Defendant filed bill of costs for taxation on 28 May 1930. After repeated efforts to locate plaintiff, notice of taxation was tendered on 19 August 1930 but refused. Taxing officer held service effected and taxed the bill on 23 August 1930. On 13 July 1933, defendant applied for attachment of plaintiff's assets in execution. Plaintiff appeared and pleaded limitation, arguing more than three years had elapsed since the 26 May 1930 decree. Defendant's application incorrectly stated decree date as 23 August 1930.

Issues

  1. Whether taxation of costs in a decree for costs only constitutes a step in aid of execution for purposes of limitation under Article 179 of the Indian Limitation Act.
  2. Whether the three-year limitation period runs from the date of the decree or from the date of taxation of costs.

Orders

  • Application for attachment granted in terms.
  • Court fees in respect of the application (Sh. 17) disallowed due to serious error in the application.

Rules and key headnotes

Civil Procedure — Execution — Taxation of Costs as Step in Execution
Taxation of costs in a decree for costs is a step in aid of execution.
Civil Procedure — Limitation — Date from Which Limitation Runs on Costs-Only Decree
Where a decree is for costs only and the bill is taxed later than the decree, the date of taxation may be taken into consideration in execution proceedings in relation to the question of limitation under Article 179 of the Indian Limitation Act.
Civil Procedure — Execution — Condition Precedent to Execution
Until costs have been taxed in a decree for costs only, there is nothing in respect of which execution can be granted, making the filing and taxation of the bill of costs a condition precedent to execution and therefore a step in aid of execution.
Statutory Interpretation — Indian Limitation Act Article 179 — Application of Proviso 4
In deciding whether any particular act is or is not an application for or step in aid of execution under Article 179 proviso 4 of the Indian Limitation Act, it is the nature of the act that must be looked to and not the time at which it may possibly be done.

Legislation cited (1)

  • Indian Limitation Act Article 179

Cases cited (2)

  • Ex parte Crump, 64 L.T. 799
  • Koormayya v. Krishnamma 17 Madras at p. 166

Full judgment

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

Fathili v Kara (C.C. 53-1930.) [1933] EACA 4 (1 January 1933)
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.