Wakilii

Hyabene v Attorney General (Civil Application 4 of 1996)

Supreme Court · [1996] UGSC 30 · 1996 AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application before a single judge of the Supreme Court for leave to extend time within which to lodge an application referring a taxation of costs to a judge.
Decision
—

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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.

Facts

The applicant sought leave to extend time to lodge an application asking a judge to waive or vary the taxation of his bill of costs in Civil Appeal No. 2 of 1993, where the Registrar awarded Shs. 925,000/- against a bill of costs totalling Shs. 4,495,000/-. The applicant explained that he had delayed referring the matter to a judge because he feared that filing immediately would prevent him from receiving his taxed costs, which he urgently needed to repay creditors who had lent him money to prosecute the case. After receiving the taxed costs and paying his creditors, he filed the present application so that the bill of costs could be fairly taxed. The State, through the Principal State Attorney, opposed the application, contending that no sufficient reason for extension of time had been shown and that the intended reference had no chance of success because the applicant alleged only inadequacy of costs without asserting that the Taxing Officer deviated from the governing principles of taxation.

Issues

  1. Whether the applicant advanced sufficient reason to justify an extension of time under Rule 4 of the Rules of the Supreme Court.
  2. Whether the intended reference against the Taxing Officer's award had any chance of success.

Rules and key headnotes

Affidavits — Requirements under Order 17 rule 3(1) of the Civil Procedure Rules
An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on an interlocutory application where statements of belief may be admitted provided the grounds thereof are stated.

Legislation cited (2)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Hyabene v Attorney General (Civil Application 4 of 1996) [1996] UGSC 30 (27 September 1996)
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.