Wakilii

Security Group (U) Ltd v Byanyima & Anor (HCT-00-CC-MA 697 of 2011)

High Court · [2013] UGCOMMC 61 · 2013 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation of costs by Deputy Registrar
Decision
Appeal dismissed as incompetent for failure to attach requisite documents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an appeal from a taxation of costs is incompetent where the decision and order of the Taxing Officer sought to be appealed from are not attached. Failure to extract and file the formal order together with the appeal is a jurisdictional defect that cannot be waived. The appeal was dismissed with costs.

Outcome

Appeal dismissed as incompetent for failure to attach requisite documents

Facts

The appellant sought to appeal against a taxation of costs by the Deputy Registrar who had allowed the first respondent's bill of costs at UGX 8,387,500. The appellant argued the bill was excessive and contravened the Advocates' Remuneration Regulations. Before the appeal could be heard on merits, counsel for the respondents raised a preliminary objection that the order of the Registrar being appealed from and the taxation certificate had not been attached to the appeal as required by law. Counsel for the appellant argued the appeal was properly grounded under section 62 of the Advocates Act.

Issues

  1. Whether an appeal from taxation of costs can proceed without the order of the Registrar and taxation certificate being attached to the appeal.

Orders

  • Objection upheld.
  • Appeal dismissed as incompetent.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Taxation of Costs — Requirements for Filing Appeal
An appeal from a decision of the Taxing Officer on taxation of costs must have the order or decision appealed from and the taxation certificate attached to the appeal documents at the time of filing, and failure to do so renders the appeal incompetent.
Civil Procedure — Appeals — Jurisdictional Defects — Effect of Non-Compliance
Failure to extract and file a formal decree or order before filing an appeal is a defect going to the jurisdiction of the court and cannot be waived.

Legislation cited (3)

  • Advocates Act s.62(1)
  • Advocates (Taxation of Costs) Appeal and Reference Regulations r.3
  • Advocates (Remuneration and Taxation of Costs) Regulations 6th Schedule

Cases cited (2)

  • Board of Governors and Headmaster Gulu S.S. v Plumson E. Odong (Civil Appeal No. MG 2 of 1990)
  • Vincent Kafureka v Yowena Katorobo (Civil Appeal No. 2 of 1995)

Full judgment

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

Security Group (U) Ltd v Byanyima & Anor (HCT-00-CC-MA 697 of 2011) [2013] UGCommC 61 (11 April 2013)
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.