Wakilii

Mary v Kakuru and 2 Others (Miscellaneous Application 33 of 2021)

High Court · [2023] UGHC 72 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside taxation award and order fresh taxation
Decision
Application struck out with costs to the respondents

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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 application to set aside a taxation award under the Advocates Act s.62(1) must be brought within thirty days of the taxing officer's decision. An application brought four years late without seeking extension of time or leave to file out of time is barred by limitation and must be struck out.

Outcome

Application struck out with costs to the respondents

Facts

The applicant was the plaintiff in Civil Suit No. 0074 of 2010, which was withdrawn with costs. The respondents filed bills of costs which were taxed on 8 June 2017 without the applicant's knowledge or that of her counsel. The applicant only learned of the taxation when served with a Notice to Show Cause. On 28 May 2021, the applicant filed an application seeking to set aside the taxation award and certificate, arguing she was denied the right to be heard during taxation. The respondents opposed the application on grounds that it was brought approximately four years after the taxation award without seeking extension of time or leave to file out of time.

Issues

  1. Whether the application to set aside a taxation award brought four years after the award is barred by limitation under the Advocates Act s.62(1).
  2. Whether the applicant's failure to seek extension of time or leave to file out of time is fatal to the application.

Orders

  • Application struck out.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Taxation of Costs — Appeals from Taxing Officer — Time Limits
Under the Advocates Act s.62(1), any person affected by an order or decision of a taxing officer must appeal within thirty days to a judge of the High Court.
Civil Procedure — Limitation — Extension of Time — Failure to Seek Leave
An application to set aside a taxation award brought four years after the award without seeking extension of time or leave to file out of time is barred by the law of limitation and must be struck out.
Civil Procedure — Citation of Law — Incorrect Provisions — Effect
The inability to cite the correct provisions of law in an application is not fatal to the application, and the court will consider the application as a whole.

Legislation cited (6)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Mary v Kakuru and 2 Others (Miscellaneous Application 33 of 2021) [2023] UGHC 72 (2 June 2023)
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.