Wakilii

Nanfuka v Rev. Fr. Lubega and 4 Others (Miscellaneous Application No. 2 of 2020)

High Court · [2021] UGHCCD 219 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file a taxation reference out of time arising from ex parte taxation of costs in a dismissed interlocutory application
Decision
Leave granted to file taxation reference out of time, with seven days to file the appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to file a taxation reference out of time. The court found that the applicant was not properly served with the taxation hearing notice and that taxation proceeded ex parte unfairly. The taxation award of UGX 27,778,970 for costs of a dismissed temporary injunction application in a suit claiming UGX 12,000,000 raised an arguable appeal on grounds of manifest excessiveness. The applicant demonstrated sufficient cause for the eight-month delay and no prejudice to the respondents that could not be compensated by costs.

Outcome

Leave granted to file taxation reference out of time, with seven days to file the appeal

Facts

The applicant instituted Civil Suit No. 125 of 2017 against the respondents for trespass, claiming approximately UGX 12,000,000. Miscellaneous Application No. 100 of 2017 (an application for temporary injunction) was dismissed with costs to the respondents. The respondents filed a bill of costs which was taxed ex parte on 31 May 2019 and allowed at UGX 27,778,970. The applicant's counsel attended court on 24 May 2019, stated he was unaware of the taxation hearing, and was given 30 minutes to review the bill. When court resumed, counsel had left the premises and taxation proceeded ex parte. The applicant filed this application on 20 February 2020, eight months after the taxation award, seeking leave to file a taxation reference out of time. No taxation hearing notice was found on the court record.

Issues

  1. Whether the applicant has shown sufficient cause for the delay in filing a taxation reference beyond the thirty-day statutory period.
  2. Whether the applicant was properly served with the taxation hearing notice.
  3. Whether the applicant has demonstrated a prima facie arguable appeal against the taxation award.

Orders

  • Application allowed.
  • The Applicant shall file the taxation appeal within 07 days from the grant of this order failure of which, this application will be dismissed.
  • Costs will be in the cause.

Rules and key headnotes

Civil Procedure — Taxation of Costs — Leave to Appeal Out of Time — Sufficient Cause
An applicant seeking leave to file a taxation reference out of the thirty-day statutory period under section 62(1) of the Advocates Act must adduce evidence of sufficient cause for the delay, which means a legally sufficient reason relating to the inability or failure to take the particular step in time.
Civil Procedure — Taxation of Costs — Ex Parte Taxation — Service of Notice
Where there is no evidence on the court record of proper service of a taxation hearing notice on a party and taxation proceeds ex parte, the party has been deprived of a fair hearing and this constitutes sufficient cause for granting leave to file a taxation reference out of time.
Civil Procedure — Taxation of Costs — Prima Facie Arguable Appeal — Manifest Excessiveness
A taxation award of UGX 27,778,970 for costs of a dismissed temporary injunction application in a suit claiming UGX 12,000,000 raises a prima facie arguable appeal on grounds of manifest excessiveness and warrants the court's consideration.
Civil Procedure — Leave to Appeal Out of Time — Prejudice — Compensation by Costs
No prejudice is suffered by a party if it can be compensated by costs, and where the main suit has not been determined, any prejudice occasioned by granting leave to file a taxation reference out of time can be compensated by costs.

Legislation cited (6)

Cases cited (4)

  • Mugo v Wanjiri [1970] EA 481
  • Njagi v Munyiri [1975] EA 179
  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1986)
  • Mohan Kiwanuka v Aisha Chand (Supreme Court Civil Appeal No. 14 of 2002)

Full judgment

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

Nanfuka v Rev. Fr. Lubega and 4 Others (Miscellaneous Application No. 2 of 2020) [2021] UGHCCD 219 (3 December 2021)
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.