Wakilii

Nayebaza & Anor v International Credit Bank Ltd (HCT-00-CC-MA 1059 of 2013)

High Court · [2014] UGCOMMC 21 · 2014 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation of costs arising from Civil Suit No. 01 of 2000 and Miscellaneous Application No. 2 of 2005
Decision
Appeal dismissed as incompetent for failure to extract and file the necessary decree or order

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

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 from taxation of costs is incompetent where the appellant fails to extract and file a formal decree or order and certificate of taxation before lodging the appeal. This requirement is mandatory and failure to comply is a jurisdictional defect that cannot be waived, rendering the appeal premature.

Outcome

Appeal dismissed as incompetent for failure to extract and file the necessary decree or order

Facts

The appellants brought a representative action in 2000 against the respondent bank and were awarded salary arrears of UGX 1.3 billion and general damages of UGX 135,000,000. Counsel filed a bill of costs seeking UGX 724,569,900 which the taxing master reduced to UGX 55,316,900. The appellants appealed this taxation, contending the sum was manifestly low and unjustified. However, they failed to extract and file a formal decree or order from the taxing master or a certificate of taxation before filing the appeal.

Issues

  1. Whether the appeal was properly before the court where the appellants failed to extract and file a formal decree or order and certificate of taxation.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Requirements for Filing Appeal from Taxation
It is mandatory to extract and file a formal decree or order and certificate of taxation before lodging an appeal from a taxation of costs. Failure to do so renders the appeal incompetent and premature.
Civil Procedure — Appeals — Jurisdiction — Defects Going to Jurisdiction
Failure to extract a formal decree or order before filing an appeal is a defect going to the jurisdiction of the court and cannot be waived. A record of appeal without a certified copy of the decree or order appealed from is incurably defective.
Civil Procedure — Appeals — Supplementary Record of Appeal
A decree or order appealed from is not a document that can be contained in a supplementary record of appeal. It must be filed with the memorandum of appeal at the time the appeal is lodged.

Legislation cited (1)

  • Advocate (Taxation of Costs) Rules 6th Schedule

Cases cited (5)

  • Alexander Morrison v M. S. Versi and Another (1953) 20 EACA 26
  • Kiwege and Mgude Sisal Estates Ltd v M. A. Nathwani (1952) 19 EACA 160
  • Security Group Uganda Limited v Edith Byanyima and Another (MA 0097 of 2011)
  • Board of Governors and Headmaster Gulu S. S. v Plumson E. Odong (Civil Appeal No. M92 of 1990)
  • Vincent Kafureka v Yowena Katorobo (CA 2 of 1995)

Full judgment

↓ Download PDF

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

Nayebaza & Anor v International Credit Bank Ltd (HCT-00-CC-MA 1059 of 2013) [2014] UGCommC 21 (21 February 2014)
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.