Wakilii

Okodoi & Anor v Okello (HCT-04-CV- MA- 0143 OF 2016)

High Court · [2017] UGHCCD 121 · 2017 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Registrar's taxation of costs arising from miscellaneous application and underlying civil suit
Decision
Taxation set aside; respondent to file fresh bill of costs through original instructed firm

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that instructions to represent a client are given to a law firm, not to individual advocates. When an advocate moves to a new firm, the original instructed firm retains the right to file bills of costs for work done while the advocate was practicing under that firm. A new firm has no locus to file a bill of costs absent proper notice of change of advocates and transfer of instructions. The Registrar's taxation was quashed and the respondent ordered to file a fresh bill through the original firm.

Outcome

Taxation set aside; respondent to file fresh bill of costs through original instructed firm

Facts

The respondent was represented by M/s Waluku, Mooli & Co. Advocates in underlying civil proceedings. The conducting advocate was Wabwire Dennis, who practiced as a partner in that firm. In September 2015, Wabwire opened his own firm, M/s Sanywa, Wabwire & Co. Advocates. Subsequently, a bill of costs was filed by the new firm for work done in the original proceedings. The bill was taxed by the Registrar at Shs 12,337,000/=. The appellants challenged the taxation, arguing that the new firm had no instructions and therefore no standing to file a bill of costs, as original instructions were given to M/s Waluku, Mooli & Co. and no notice of change of advocates was filed.

Issues

  1. Whether the Registrar's order taxing a bill of costs filed by a law firm not on record should be quashed.
  2. Whether the respondent should be required to file a fresh bill of costs through the law firm on record.
  3. Whether a law firm that did not receive original instructions has locus to file a bill of costs when the individual advocate who handled the matter moved to that new firm.

Orders

  • Application allowed.
  • The bill of costs filed by M/s Sanywa, Wabwire & Co. Advocates is expunged from the record.
  • The Registrar's taxation award of Shs 12,337,000/= is quashed.
  • The Respondent shall file a proper bill of costs through M/s Waluku, Mooli & Co. Advocates (the firm on record) to be taxed by the Registrar.
  • Costs of the application granted to the appellants.

Rules and key headnotes

Legal Practice — Instructions to Advocates — Instructions Run with the Firm
In Ugandan legal practice, instructions to represent a client are given to a law firm, not to individual advocates. An individual partner cannot practice law in a partnership firm independent of the other partners, and instructions issued to a firm are deemed to remain with that firm until the court is notified of a change through proper notice.
Taxation of Costs — Locus Standi to File Bill of Costs
A law firm that did not receive original instructions to represent a client has no locus standi to file a bill of costs for work done by an advocate who subsequently joined that firm, even where that advocate personally conducted the matter while practicing under the originally instructed firm. The bill of costs must be filed by the firm that held the instructions when the work was performed.
Change of Advocates — Notice Requirement
Where an advocate moves from one law firm to another, the failure to file a notice of change of advocates means that instructions remain with the original firm. A suit or taxation brought by a firm without proper instructions is incompetent and can be stayed or expunged.

Legislation cited (4)

  • Advocates Act s.62(1)
  • Advocates (Taxation of Costs) Appeals and References Regulations Regulation 3(1)
  • Advocates (Professional Conduct) Regulations Regulation 2(1)
  • Partnership Act

Cases cited (5)

  • Ebrahim A. Kassim and 2 Others v Habre International Ltd (Supreme Court Civil Reference No. 16 of 1999)
  • Haji Hortjana Mtylanga V. Sharif Osman
  • Kabale Housing Estates Tenants Association v Kabale Municipal Local Council (Court of Appeal Civil Appeal No. 15 of 2013)
  • Danish Mercantile Co. Ltd V. Beamont & Anor. (1951) Ch. CA 680
  • Uganda v Patricia Ojangole (Criminal Case No. 1 of 2014)

Full judgment

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

Okodoi & Anor v Okello (HCT-04-CV- MA- 0143 OF 2016) [2017] UGHCCD 121 (6 May 2017)
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.