Housing Finance Bank Limited v Nuwagaba (Civil Miscellaneous Appeal No. 18 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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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
- 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
Legislation cited (2)
- Civil Procedure Rules O.9 r.23
- Civil Procedure Rules s.98
Cases cited (1)
- Mwangi v Invesco (Miscellaneous Application No. 553 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.