Wakilii

Manilal and Company v Nurmohamed and Co Ltd and Another (Civil Appeal No. 21 of 1955)

East African Court of Appeal · [1955] EACA 309 · 1955 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Supreme Court order refusing to vary taxing master's decision on costs taxation
Decision
Appeal dismissed as incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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.

Holding

An appeal to the Court of Appeal from a Judge's order refusing to vary a taxing master's decision requires leave of the Judge under rule 7(2) of the Advocates Remuneration and Taxation of Costs Rules. Where the Judge has refused leave to appeal, no further appeal lies to the Court of Appeal. The appeal was therefore incompetent and dismissed.

Outcome

Appeal dismissed as incompetent

Facts

The appellants had objected to a taxing master's decision on costs. A Judge of the Supreme Court of Kenya refused to vary the taxing master's decision. The appellants then applied to the same Judge for leave to appeal to the Court of Appeal, which application was dismissed. The appellants nevertheless purported to appeal to the Court of Appeal.

Issues

  1. Whether an appeal lies to the Court of Appeal where a Judge has refused leave to appeal from an order refusing to vary a taxing master's decision.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Taxation of Costs — Leave to Appeal Required
Where a rule of court provides that an appeal from a Judge's decision on an objection to a taxing master's decision may be brought to the Court of Appeal only with leave of the Judge, and the Judge has refused leave, no appeal lies to the Court of Appeal.

Legislation cited (1)

  • Advocates Remuneration and Taxation of Costs Rules of Court rule 7(2)

Full judgment

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

Manilal and Company v Nurmohamed and Co Ltd and Another (Civil Appeal No. 21 of 1955) [1955] EACA 309 (1 January 1955)
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.