Wakilii

The Microfinance Support Centre v Kasese Hospital & Another (Miscellaneous Application 7 of 2024)

High Court · [2024] UGHC 515 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from taxation of costs arising from withdrawn originating summons
Decision
Appeal dismissed as time-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an appeal against a taxation of costs filed under Section 62(1) of the Advocates Act must be brought within 30 days of the taxing officer's decision. The Christmas vacation period exemption under Order 51 Rule 4 of the Civil Procedure Rules applies only to time periods prescribed by the Civil Procedure Rules themselves, not to statutory time limits established by other Acts. Since the appeal was filed 55 days after the Certificate of Taxation was issued, it was incurably time-barred and dismissed.

Outcome

Appeal dismissed as time-barred

Facts

The Appellant filed Originating Summons No. 079 of 2023 seeking an order of vacant possession against the Respondents for default of rental obligations. The Originating Summons were later withdrawn with costs to the Respondents. On 30 November 2023, the bill of costs was taxed and allowed at UGX 16,277,500. The Appellant filed a Miscellaneous Application on 25 January 2024 seeking to revise the taxed costs downwards, arguing they were excessive and not in line with the Advocates (Remuneration & Taxation of Costs) Regulations. The Respondent contended that the appeal was time-barred, having been filed 55 days after the Certificate of Taxation was issued, exceeding the 30-day statutory limit under Section 62(1) of the Advocates Act. The Appellant argued that the Christmas vacation period between 24 December 2023 and 15 January 2024 should be excluded from the computation of time under Order 51 Rule 4 of the Civil Procedure Rules.

Issues

  1. Whether the application is time-barred under Section 62(1) of the Advocates Act.
  2. Whether the taxation in issue was founded on the consent of the parties before the Taxing Master.
  3. Whether the costs taxed in Taxation Miscellaneous Application No. 41 of 2023 are lawful.

Orders

  • Appeal dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Taxation of Costs — Appeals — Time Limits — Advocates Act s.62(1)
An appeal against a decision of a taxing officer under Section 62(1) of the Advocates Act must be filed within 30 days of the taxing officer's decision, and this time limit is statutory and mandatory.
Civil Procedure — Computation of Time — Christmas Vacation — Scope of Order 51 Rule 4
Order 51 Rule 4 of the Civil Procedure Rules, which excludes the Christmas vacation period from computation of time, applies only to time periods appointed or allowed by the Civil Procedure Rules themselves for filing pleadings and doing other acts thereunder, and does not extend to statutory time limits prescribed by other Acts such as the Advocates Act.
Administrative Law — Statutory Interpretation — Computation of Time — Interpretation Act s.34(1)
For time periods greater than six days established under any Act, the only allowable excluded days in computation of time are those that coincide with the last day of the period in question, being a Sunday or public holiday, as provided under Section 34(1)(b) of the Interpretation Act.

Legislation cited (9)

Cases cited (3)

  • Bank of Uganda v Banco Arabe Espanol (Supreme Court Civil Appeal No. 23 of 1999)
  • Makumbi and Another v Sole Electrics (1990-1994) 1 EA 306
  • Mayers and Another v Hamilton and Others (1975) 1 EA 13

Full judgment

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

The Microfinance Support Centre v Kasese Hospital & Another (Miscellaneous Application 7 of 2024) [2024] UGHC 515 (26 April 2024)
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.