Wakilii

Housing Finance Bank Limited v Nuwagaba (Civil Miscellaneous Appeal No. 18 of 2019)

High Court · [2021] UGHCLD 83 · 2021 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous appeal from taxation award
Decision
Taxation award set aside and matter remitted for fresh taxation by Deputy Registrar

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 High Court held that an advocate who elects to represent himself in litigation is not entitled to professional instruction fees on taxation, but only to disbursements actually expended. The Advocates Remuneration Rules apply only to counsel representing a client, not to self-representation. The taxation award was set aside and the matter remitted for fresh taxation.

Outcome

Taxation award set aside and matter remitted for fresh taxation by Deputy Registrar

Facts

The appellant, Housing Finance Bank Limited, applied to set aside a taxation award in TA No. 099 of 2019. The respondent, Patrick Nuwagaba, had represented himself in the underlying matter and was awarded professional fees by the taxing master. The appellant challenged this award on the ground that a litigant representing himself is not entitled to professional instruction fees, only to disbursements actually incurred.

Issues

  1. Whether a respondent who represented himself is entitled to professional fees on taxation.

Orders

  • Application granted.
  • Taxation award set aside.
  • Fresh taxation to be conducted by the Deputy Registrar of the Land Division.
  • Each party to bear its own costs of this application.

Rules and key headnotes

Taxation of Costs — Self-Represented Litigants — Entitlement to Professional Fees
An advocate who elects to represent himself in litigation is not entitled to professional instruction fees on taxation, but only to disbursements actually expended. There is no distinction between a self-representing advocate and any ordinary litigant who chooses not to engage counsel.
Taxation of Costs — Application of Advocates Remuneration Rules
The Advocates Remuneration Rules apply only to counsel who is representing a client, not to one representing himself. A self-represented litigant cannot claim instruction fees as he has not retained anybody to represent him.

Legislation cited (2)

Cases cited (1)

  • Mwangi v Invesco (Miscellaneous Application No. 553 of 2013)

Full judgment

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

Housing_Finance_Bank_Limited_v_Nuwagaba_(Civil_Miscellaneous_Appeal_No._18_of_2019)_[2021]_UGHCLD_83_(29_March_2021)
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.