Wakilii

Libra Advocates v CIC General Insurance (U) Limited (Miscellaneous Cause No. 120 of 2024)

High Court · [2026] UGCOMMC 40 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to tax advocate-client bill of costs under Section 63 of the Advocates Act
Decision
Application granted; matter referred to Taxing Officer for taxation of advocate-client bill of costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to Libra Advocates to tax its advocate-client bill of costs against CIC General Insurance (Uganda) Limited. The court held that the application satisfied the preconditions under Section 63 of the Advocates Act, including proper service of the bill and expiry of the one-month period. The court found that an advocate-client relationship existed based on email correspondence evidencing instructions from the respondent. The court rejected the respondent's arguments that the applicant mishandled the matter or acted without instructions, holding that when counsel has general instructions to represent a client, they possess authority to take necessary steps to manage the matter effectively.

Outcome

Application granted; matter referred to Taxing Officer for taxation of advocate-client bill of costs

Facts

Libra Advocates provided legal services to CIC General Insurance (Uganda) Limited in relation to disputes involving the Agriculture Insurance Consortium at the Insurance Regulatory Authority. The services included filing a complaint before the IRA Complaints Bureau, attending hearings, preparing appeal documents for the Insurance Appeals Tribunal after the respondent was suspended by the IRA, and providing legal opinions. The respondent did not pay for the services rendered. On 8 October 2024, Libra Advocates served an itemised advocate-client bill of costs on the respondent, which the respondent acknowledged but did not pay. The respondent contended that Libra Advocates was not instructed to apply for default judgment, that the respondent's legal department took over the matter after the application was dismissed, and that CR Amanya Advocates subsequently handled the matter. The respondent offered UGX 30,000,000 for partial work done, which Libra Advocates rejected.

Issues

  1. Whether the Applicant should be granted leave to have the advocate-client bill of costs taxed.
  2. What remedies are available to the parties?

Orders

  • Leave is hereby granted to the Applicant to file and have its advocate-client bill of costs taxed in accordance with section 63(5) of the Advocates Act.
  • The advocate-client bill of costs dated 8th October 2024 shall be placed before the Taxing Officer of this Court for taxation.
  • The Applicant is awarded costs.

Rules and key headnotes

Advocates Act — Taxation of Advocate-Client Bill of Costs — Preconditions under Section 63
Under Section 63(1) of the Advocates Act, no suit shall be brought to recover costs due to an advocate until one month after a bill of costs has been delivered in accordance with the requirements of the section. Under Section 63(2), the bill must be signed by the advocate or, if the costs are due to a firm, one partner of that firm, and must be delivered to the person to be charged with it.
Advocate-Client Relationship — Proof of Instructions — Establishment by Conduct
The relationship of advocate and client is contractual and must be proved like any other contract. The easiest method of proving an advocate-client relationship is a written retainer agreement or engagement letter. However, neither a written contract nor an express appointment is essential to the formation of the relationship. The relationship may be established by mutual agreement manifested in express words or conduct, including the parties' behaviour, correspondence between the advocate and the client, invoices for services rendered, proof of payment made to the advocate, and other relevant facts or information.
Advocates Act — Scope of Authority — General Instructions to Represent Client
When counsel has general instructions to defend a suit or represent a client, they maintain full control over the conduct of the trial and possess apparent authority to compromise matters connected to the action and to take all necessary steps to manage the matter effectively. A client's subsequent disagreement with a strategic decision made by counsel is not a valid ground to deny the taxation of the bill of costs.
Taxation of Costs — Grounds for Refusing Leave — Professional Misconduct
An application for leave to tax an advocate's bill of costs should only be denied if the advocate has committed an offence under the Advocates Act, such as deceiving, misleading, or acting fraudulently or improperly in their professional duties. Strategic disagreements, post-completion dissatisfaction, or commercial disputes do not constitute sufficient grounds to deny leave.

Legislation cited (7)

Cases cited (3)

  • Eunice Busingye, Reeve Advocates v Geresome Tabula Matovu (Miscellaneous Cause No. 50 of 2023)
  • Matovu & Matovu Advocates v Damani Jyotibala, Hema Damani & Another (Miscellaneous Application No. 29 of 2021)
  • Lenina Kemigisha Mbabazi & Star Fish Limited v Jing Cheng International Trading Limited (Miscellaneous Application No. 0344 of 2012)

Full judgment

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

Libra Advocates v CIC General Insurance (U) Limited (Miscellaneous Cause No. 120 of 2024) [2026] UGCommC 40 (8 January 2026)
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.