Karamira v Kampala City Council (Miscellaneous Civil Application No. 1933 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for enlargement of time to appeal dismissed as premature. The court found that the applicant was awaiting the Registrar's re-assessment as directed in the earlier tax appeal, and therefore the final decision had not yet been rendered. The Tax Master was ordered to comply with the earlier court order within 30 days.
Outcome
Application dismissed as premature pending Registrar's compliance with earlier court order
Facts
The applicant was the successful party in Civil Suit No. 590/2013, wherein KCCA was ordered to pay him UGX 385,000 with interest at 23% per annum from 20 July 2012. The respondent law firm, which had represented him, filed an application to tax their advocate-client bill of costs at UGX 141,952,000. The bill was taxed at UGX 5,979,000 for the application and UGX 47,303,900 for representation in the main suit. The applicant appealed via Tax Appeal No. 008/2018. The High Court upheld the UGX 5,979,000 award but allowed the appeal regarding the main bill of costs, referring the matter back to the Registrar for re-assessment, which had not been completed. The applicant then filed this application seeking enlargement of time to appeal against the decision in Tax Appeal No. 008/2018. The respondent was served but filed a reply outside the prescribed time without leave.
Issues
- Whether the applicant should be granted enlargement of time within which to appeal against the decision in Tax Appeal No. 008 of 2018.
Orders
- Application dismissed as premature.
- Tax Master directed to comply with the order in Tax Appeal No. 008 of 2018 within 30 days.
- No order as to costs.
Rules and key headnotes
Full judgment
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