Wakilii

Owere Franco t/a Leads Associates and Others v Male H. Mabirizi K. Kiwanuka and Another (Miscellaneous Appeal No.004 of 2016)

High Court · [2016] UGHC 13 Appeal Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation ruling of the taxing officer in Execution & Bailiffs Division, with cross-appeal by respondents
Decision
Both appeal and cross-appeal dismissed as incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out an appeal from a taxation ruling because the appellant failed to file a certified copy of the proceedings and ruling, and critically, failed to annex the bill of costs which was the foundation of the appeal. The court also dismissed the respondents' cross-appeal as incompetent, having been filed fourteen days outside the thirty-day statutory period prescribed by section 62(1) of the Advocates Act without leave or extension of time.

Outcome

Both appeal and cross-appeal dismissed as incompetent

Facts

The appellants appealed a taxation ruling in MA No. 2763 of 2014, challenging various aspects of costs awarded to the respondents. The grounds included allegations that respondents were awarded counsel fees despite not being represented, sums for multiple copies when only one was needed, and excessive costs. The 1st appellant filed a supporting affidavit on 29 March 2016, to which the 1st respondent replied on 12 April 2016. The court directed written submissions which were filed. The respondents also filed a cross-appeal on 12 April 2016. The taxation ruling and certificate were dated 29 February 2016 and 1 March 2016 respectively.

Issues

  1. Whether the appeal is competent without a certified copy of proceedings and the bill of costs
  2. Whether the cross-appeal was filed within the statutory time limit under section 62(1) of the Advocates Act

Orders

  • The appeal is incompetently before court.
  • The appeal is struck out with costs to the respondents.
  • The cross-appeal is incompetently before court.
  • The cross-appeal is dismissed with costs to the appellants.

Rules and key headnotes

Appeals — Competence of Appeal — Requirement for Certified Copy of Record
Any appeal must be based on or supported by a competent or credible record, without which it becomes impossible for the court to determine the success or failure of the grounds of appeal, and failure to file a certified copy of the proceedings and ruling renders the appeal incompetent.
Taxation of Costs — Appeal from Taxation — Bill of Costs as Foundation
In an appeal from taxation, the bill of costs is the very basis and foundation of the appeal, and failure to annex the bill of costs to the supporting affidavit or to avail it in any other way renders the appeal incompetent.
Appeals — Time Limits — Section 62 Advocates Act
Under section 62(1) of the Advocates Act Cap. 267, any person affected by an order of a taxing officer must appeal within thirty days to a judge of the High Court, and failure to file within this period without leave or extension of time renders the appeal incompetent.

Legislation cited (1)

Full judgment

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Owere Franco t_a Leads Associates and Others v Male H. Mabirizi K. Kiwanuka and Another (Miscellaneous Appeal No.004 of 2016) [2016] UGHC 13 (24 Augus
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.