Wakilii

M/S Lumweno & Co. Advocates v Simba Speed Auctioneers (MISC. APPLICATION NO. 555 OF 2001)

High Court · [2002] UGHC 139 · 2002 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation of costs by Registrar arising from Civil Suit No. 1401 of 2000
Decision
Appeal dismissed with costs; taxation award upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Registrar's taxation award of Shs. 6,996,600/= to the auctioneer for executing a warrant to recover Shs. 55 million was reasonable and not manifestly excessive. Expenses for Police officers during execution were necessary where the process involved moving 40 labourers and 10 private security guards to attach items from a guarded hotel. Transport costs and valuer's fees were also properly allowed. The court found no error of principle or irregularity in the Registrar's decision.

Outcome

Appeal dismissed with costs; taxation award upheld

Facts

M/S Lumweno & Co. Advocates instructed Simba Speed Auctioneers to recover Shs. 55 million in costs awarded and agreed upon between the advocates and the judgment debtor. The auctioneer travelled from Kampala to Rock Hotel Tororo, attached hotel moveables using 40 labourers and 10 private security guards, and transported the items back to Kampala for storage at Peacock Paints. The Registrar taxed the auctioneer's bill and awarded Shs. 6,996,600/=. The advocates appealed on nine grounds, objecting primarily to Shs. 350,000/= spent on Police, valuer's fees of Shs. 300,000/=, and the overall amount as excessive.

Issues

  1. Whether the Registrar erred in awarding Shs. 350,000/= for Police expenses during execution.
  2. Whether the bailiff's fees were excessive in the circumstances of the case.
  3. Whether the Registrar's taxation order of Shs. 6,996,600/= was manifestly excessive or disclosed an error of principle.

Orders

  • Appeal dismissed.
  • Costs of the appeal to the respondent.
  • Applicant to pay the respondent the sum of Shs. 6,996,600/=.

Rules and key headnotes

Taxation of Costs — Execution Expenses — Police Costs
Expenses incurred for Police officers during execution of a warrant are properly allowable as necessary costs where the execution involves substantial operations such as moving labourers and security personnel to attach items from a guarded commercial establishment, notwithstanding that Police officers perform a public duty.
Taxation of Costs — Bailiff's Fees — Standard of Review on Appeal
A court will not interfere with a Registrar's taxation of costs unless the award is manifestly excessive, contains an error of principle or irregularity, or demonstrates that the Registrar disregarded principles of taxation.
Taxation of Costs — Execution Expenses — Transport and Valuation Fees
Transport expenses for moving attached items from the place of execution to a place of safe custody and valuer's fees for preparing a valuation report are properly allowable as necessary execution expenses, regardless of whether the judgment creditor made separate payments for related services.

Full judgment

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

M_S Lumweno & Co. Advocates v Simba Speed Auctioneers (MISC. APPLICATION NO. 555 OF 2001) [2002] UGHC 139 (22 January 2002)
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.