Wakilii

Security Group (U) Ltd v Doshi Hardware (U) Ltd (High Court Miscellaneous Application No. 476 of 2008)

High Court · [2008] UGCOMMC 57 · 2008 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application to set aside wasted costs order made against counsel for failing to attend scheduling conference
Decision
Wasted costs order of 10 September 2008 upheld; further costs awarded against counsel

Observed later treatment

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Holding

Application to set aside wasted costs order refused. The court held that counsel failed to provide proper affidavit evidence or medical documentation to justify non-attendance at scheduling conference. A scheduling conference could have been handled by any member of the firm, and wasted costs should not be passed to litigants.

Outcome

Wasted costs order of 10 September 2008 upheld; further costs awarded against counsel

Facts

On 10 September 2008, a scheduling conference was listed in Civil Suit No. 111 of 2007. Counsel Magellan Kazibwe of Kasolo and Kiddu Advocates did not attend, stating he was indisposed. His colleague Moses Ibale held brief but did not proceed with the conference. The court made a wasted costs order of 200,000 shillings against the firm. Counsel subsequently brought an ex-parte application to set aside the wasted costs order, supported by an affidavit from Moses Ibale. The application cited illness and traffic jam as reasons for non-attendance, but provided no medical evidence or affidavit from Kazibwe himself.

Issues

  1. Whether the wasted costs order made against the Applicant's counsel should be set aside.

Orders

  • Application refused.
  • Costs for the hearing in the sum of 50,000 shillings to be paid by the Applicant Mr. Kazibwe to the Respondents within 14 days.
  • Application for leave to appeal refused.

Rules and key headnotes

Civil Procedure — Wasted Costs Orders — Requirements for Setting Aside
An application to set aside a wasted costs order must be supported by a proper affidavit from the affected counsel providing specific reasons, medical evidence where illness is claimed, and explanation of why the disability prevented attendance. Hearsay evidence from a colleague is insufficient.
Civil Procedure — Wasted Costs — Scheduling Conferences — Duty of Counsel
Where counsel is unable to attend a scheduling conference, any other member of the same firm or chambers can and should proceed with the conference. Non-attendance by the instructed counsel does not excuse the firm from proceeding where a colleague is present holding brief.
Civil Procedure — Wasted Costs — Purpose and Policy
The court has a duty to ensure that wasted costs occasioned by counsel's failure to attend are not passed on to parties or litigants. Wasted costs orders serve to protect litigants from bearing costs caused by counsel's default.

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 Doshi Hardware (U) Ltd (High Court Miscellaneous Application No. 476 of 2008) [2008] UGCommC 57 (21 September 2008)
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.