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Greystone Advocates v Uganda Land Commission (Miscellaneous Cause 131 of 2024)

High Court · [2025] UGHCCD 204 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to tax advocate-client bill of costs under Advocates Act
Decision
Application granted; matter referred to Taxing Master for taxation of advocate-client bill of costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an advocate proves instruction by a client and delivery of legal services, and serves a bill of costs complying with Advocates Act requirements which remains unpaid after 30 days, the court will grant leave to tax the advocate-client bill. Interest at 6% per annum runs from one month after delivery of the bill under the Advocates (Remuneration and Taxation of Costs) Regulation.

Outcome

Application granted; matter referred to Taxing Master for taxation of advocate-client bill of costs

Facts

Greystone Advocates were instructed by Uganda Land Commission on 29 August 2019 to provide urgent legal services to lift a garnishee order that had frozen ULC funds at Bank of Uganda, preventing staff salary payments. The instruction letter was signed by the ULC Chairperson. The Applicant proposed legal fees of UGX 250,000,000 which were negotiated down to UGX 200,000,000. The Applicant successfully engaged with Bank of Uganda to unfreeze accounts and had the garnishee order absolute set aside via MA No. 662 of 2019. A report was submitted to ULC on 22 January 2020. Despite demand letters dated 6 April 2020 and 11 October 2020, the Respondent failed to pay. An advocate-client bill of costs was served on 19 February 2024. The Respondent did not respond to the application or file any reply.

Issues

  1. Whether the Applicant was instructed by the Respondent.
  2. Whether the Applicant should be granted leave to tax the advocate-client bill of costs.

Orders

  • The Applicant is granted leave to have their Advocate-Client Bill of Costs taxed by the Taxing Master of the Court.
  • The taxed costs shall be paid to the Advocate/Applicant by the Respondent/Client.
  • Interest on the taxed Bill of Costs at a rate of 6% from February 2024 till payment in full.
  • The Costs of this Application shall be paid to the Advocate/Applicant by the Respondent/Client.

Rules and key headnotes

Advocate-Client Bills — Requirements for Taxation — Advocates Act s.63
Before an advocate may bring suit to recover costs due from a client, a bill of costs must be delivered in accordance with section 63 of the Advocates Act. The bill must be signed by the advocate or a partner of the firm and delivered to the party to be charged either personally, by registered post, or left at their place of business, dwelling house, or last known place of abode.
Advocate-Client Bills — Leave to Tax — Advocates Act s.64(5)
Where a client does not give notice within 30 days from delivery of an advocate's bill to have it taxed, the court may, on application by either the advocate or the client, order that the bill be taxed upon such terms as it thinks fit.
Advocate-Client Bills — Interest on Unpaid Bills
Under Regulation 8 of the Advocates (Remuneration and Taxation of Costs) Regulation, advocates may charge interest at 6% per annum on unpaid bills of costs, running from one month after delivery of the bill until payment in full.
Evidence — Uncontroverted Affidavit Evidence
Where facts are sworn in an affidavit and are not specifically denied or rebutted by the opposite party, the presumption is that those facts are admitted.

Legislation cited (8)

Cases cited (3)

  • Ondama Samuel t/a Alaka & Co. Advocates v Kania Richard (Miscellaneous Application No. 16 of 2018)
  • Byenkya Kihika & Co. Advocates v Gandesha (Miscellaneous Application No. 19 of 2014)
  • Makerere University v Namirembe (2013) 1 HCB 86

Full judgment

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

Greystone Advocates v Uganda Land Commission (Miscellaneous Cause 131 of 2024) [2025] UGHCCD 204 (20 November 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.