Wakilii

Isabirye and Company Advocates v Kebikomi and Another (Misc Cause 43 of 2023)

High Court · [2024] UGHCCD 141 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for taxation of advocate-client bill of costs under the Advocates Act
Decision
Applicant granted leave to have advocate-client bill of costs taxed by the taxing master.

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 has complied with the mandatory requirements under section 57 of the Advocates Act—service of a signed bill of costs and expiry of thirty days—is entitled to taxation. Service on one executor is effective service on all executors acting jointly. A receipt alone cannot constitute an agreement as to legal fees and does not rebut the statutory presumption that a properly served bill of costs is bona fide.

Outcome

Applicant granted leave to have advocate-client bill of costs taxed by the taxing master.

Facts

The applicant law firm represented the late Christopher Obey in a criminal appeal. The client died before judgment and before paying legal fees. The applicant served a demand notice and advocate-client bill of costs on the respondents, who are executors of the deceased's estate. The respondents claimed that agreed fees of UGX 20,000,000 had already been paid by the deceased and that the second respondent had not been personally served. The applicant stated that the payments received were part payments and no final fee agreement had been reached. More than thirty days elapsed without payment, and the applicant sought leave to have the bill taxed.

Issues

  1. Whether leave to tax the advocate-client bill of costs should be granted.
  2. What remedies are available to the applicant.

Orders

  • Application allowed.
  • Applicant granted leave to present the advocate-client bill of costs for taxation by the taxing master of the Court.
  • Costs of the application to be paid by the respondents.

Rules and key headnotes

Advocates Act — Taxation of Costs — Service of Bill of Costs on Executors
Where executors or administrators of an estate perform their duties jointly and have joint obligations and liabilities, service of a bill of costs upon one executor amounts to service upon all executors.
Advocates Act — Taxation of Costs — Statutory Presumption of Bona Fides
Upon proof that a bill of costs has been delivered in compliance with section 57(2) of the Advocates Act, the bill is presumed to be bona fide and it is not necessary for the advocate to prove its contents unless the contrary is shown by the party charged.
Advocates Act — Taxation of Costs — Receipt as Evidence of Agreement
A receipt acknowledging payment of money does not by itself satisfy the essential elements of a contract (offer, acceptance, capacity, consideration, and intention to create legal relations) and cannot constitute an agreement as to the total sum payable for legal services.
Advocates Act — Taxation of Costs — Mandatory Requirements
For an application for taxation of an advocate-client bill of costs to succeed, the court must be satisfied that legal work was done, a copy of the bill of costs was served upon the party charged, the bill was signed by the advocate or a partner of the firm, and at least one month has elapsed since service.

Legislation cited (10)

Cases cited (2)

  • Muziransa Associated Advocates v Harriet Sanyu T/a Hamosa Catering Services (HC MC No. 08 of 2017)
  • Roko Construction Ltd v Adam Ssempijja (HCMA No. 38 of 2021)

Full judgment

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

Isabirye and Company Advocates v Kebikomi and Another (Misc Cause 43 of 2023) [2024] UGHCCD 141 (23 August 2024)
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.