Wakilii

Nsubuga,Mubiru and Company Advocates v Kebikomi and Another (Consolidated Miscellaneous Cause 42 of 2023; Consolidated Miscellaneous Cause 61 of 2023)

High Court · [2024] UGHCCD 140 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for taxation of advocate-client bills of costs under Section 57 of the Advocates Act
Decision
Applications allowed; matter proceeds to taxation before the taxing master

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that where an advocate proves service of a bill of costs in compliance with Section 57(2) of the Advocates Act, the bill is presumed bona fide unless the contrary is shown. Mere receipts acknowledging part payments do not constitute an agreement on legal fees and cannot rebut this presumption. Service upon one executor amounts to service upon all co-executors. The applicant satisfied all statutory requirements for taxation and was granted leave to tax both advocate-client bills of costs.

Outcome

Applications allowed; matter proceeds to taxation before the taxing master

Facts

The applicant law firm represented the late Christopher Obey in two criminal matters before the Anti-Corruption Court and Court of Appeal. Following the client's death, legal fees remained unpaid. On 7 November 2022, the applicant served demand notices and advocate-client bills of costs upon the respondents, who are administrators of the deceased's estate. The respondents opposed taxation, claiming fees had been agreed and paid in full before the client's death, and that proper service had not been effected. The respondents produced receipts and handwritten acknowledgements showing various payments to the applicant during the conduct of the matters.

Issues

  1. Whether leave to tax the advocate-client bills of costs should be granted?
  2. What remedies are available to the applicant?

Orders

  • The applicant is granted leave to present the respective advocate-client bills of costs for taxation by the taxing master of the Court.
  • The costs of the consolidated applications shall be paid by the respondents.

Rules and key headnotes

Advocate-Client Costs — Statutory Requirements for Leave to Tax
For an application for taxation of an advocate-client bill of costs to succeed, the applicant must prove: (a) that legal work was done; (b) that a copy of the advocate-client bill of costs was served upon the respondent in compliance with Section 57(2) of the Advocates Act; and (c) that no payment (or only part payment) has been made by the respondent.
Service — Executors and Administrators — Joint Capacity
Where respondents are sued in their capacity as executors or administrators of an estate, service of a bill of costs upon one executor amounts to service upon all co-executors, as executors perform their duties jointly and have joint obligations and liabilities under the law.
Legal Profession — Presumption of Bona Fides in Advocate-Client Bills
Where a bill of costs is proved to have been delivered in compliance with the requirements of Section 57(2) of the Advocates Act, the claim in the bill is presumed genuine and bona fide, and it is not necessary for the advocate to prove the contents of the bill in the first instance. The burden shifts to the respondent to prove the contrary.
Formation of Contract — Essential Elements — Receipts as Evidence
A receipt is merely an acknowledgement of payment of a sum of money and cannot, by itself, constitute an agreement between parties. An agreement must satisfy the essential elements of a contract under Section 10(1) of the Contracts Act 2010: offer, acceptance, capacity, consideration, and intention to create legal relations.
Taxation of Costs — Part Payments — Effect on Taxation
Where an advocate has received part payments from a client during the performance of instructions, such payments do not bar taxation of the bill of costs. The taxing master must consider the sums already paid and prevent double payment when certifying the amount due.

Legislation cited (11)

Cases cited (2)

  • Muziransa Associated Advocates v Harriet Sanyu T/a Hamosa Catering Services (Miscellaneous Cause No. 08 of 2017)
  • Roko Construction Ltd v Adam Ssempijja (Miscellaneous Application No. 38 of 2021)

Full judgment

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

Nsubuga,Mubiru and Company Advocates v Kebikomi and Another (Consolidated Miscellaneous Cause 42 of 2023; Consolidated Miscellaneous Cause 61 of 2023) [2024] UGHCCD 140 (23 August 2024)
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.