Wakilii

Patel v Patel and Others (C.C. 3-1931.)

East African Court of Appeal · [1932] EACA 48 · 1932 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Review of taxation by Deputy Registrar concerning costs for instructions to oppose a chamber application
Decision
Matter remitted to Deputy Registrar for taxation of the disputed item

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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

The court held that the words 'For applications, notices of motion or chamber applications' in the Schedule of fees for instructions may refer to either a successful applicant or a successful respondent. A successful respondent who opposes a chamber application is entitled to recover fees for taking instructions to resist the application.

Outcome

Matter remitted to Deputy Registrar for taxation of the disputed item

Facts

Judgment was given for the plaintiff on 19 September 1931. Three months later, on 4 December 1931, the second defendant gave notice of motion to review the judgment, served on the plaintiff personally although his advocates remained on record. The application for review was dismissed with costs on 31 December 1931. When the plaintiff's advocate taxed his bill of costs, he included Shs. 50 for instructions to defend (oppose) the motion to review. The Deputy Registrar disallowed this item, ruling that the Schedule of fees for instructions did not include the words 'to oppose' and therefore no fee could be charged for instructions to oppose an application. The plaintiff applied for review of this taxation ruling.

Issues

  1. Whether the Schedule of fees for instructions to advocates allows a fee for instructions to oppose an application in chambers, or whether such fees are limited to successful applicants only.

Orders

  • The item in dispute in this taxation will be referred back to the Deputy Registrar to be taxed.
  • No order as to costs.

Rules and key headnotes

Costs — Advocates' Fees — Instructions to Oppose Chamber Applications
The Schedule of fees for instructions in respect of applications, notices of motion or chamber applications applies to both successful applicants and successful respondents, and a successful respondent is entitled to recover fees for taking instructions to oppose such applications.
Costs — Taxation — Interpretation of Fee Schedules
Where a fee schedule does not specify whether fees are payable to an applicant or respondent, and where most motions or chamber applications involve both parties, the fees are to be awarded to the successful party whether applicant or respondent.

Legislation cited (2)

  • 1916 Rules
  • Consolidated O.P.R. & R. 1926 Schedule of fees p.110

Cases cited (1)

  • Lakhman Bhanji v T. Thakore (12 K.L.R. 96)

Full judgment

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

Patel v Patel and Others (C.C. 3-1931.) [1932] EACA 48 (1 January 1932)
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.