Court of Appeal Rules Directions

These Rules of Court may be cited as the Court of Title and application. Appeal Rules, 1996.

pretation.

"advocate" means a person who, under rule 25 has the right of audience before the Court. "appeal" in relation to appeals to the Court, includes an intended appeal; "appellant" includes an intended appellant; "appellate jurisdiction" in relation to the High Court, includes the original jurisdiction of that court in matters of revision, review, reference, case stated and point of law reserved; and in relation to a second or third appeal, includes the original jurisdiction of the court from which the appeal emanates;

"appropriate registry" means the Registry of the Court or a sub-registry; "Constitution" means the Constitution of the Republic of Uganda, 1995; "Court" means the Court of Appeal of Uganda established under article 129 of the Constitution, and includes any division of the Court and a single Judge exercising any power vested in him or her sitting alone; "deputy registrar" means a deputy registrar of the Court and includes a deputy registrar of a sub-registry and an officer of the High Court as the Chief Justice may appoint; "High Court" means the High Court of Uganda established under article 129 of the Constitution; "Judge" means a Judge of the Court acting as such; "notice of appeal" in relation to a criminal appeal, means a notice lodged in accordance with rules 58, 59 and 60 and in relation to a civil appeal, a notice lodged in accordance with rule 75; "notice of cross-appeal" means a notice lodged in accordance with rule 90; "notice of ground for affirming the decision" means a notice lodged in accordance with rule 91; "Registrar" means the Registrar of the Court and includes a deputy and an assistant registrar of the Court; "registrar of the High Court" includes a deputy registrar and an assistant registrar of that Court; "registry" means the registry of the Court; "respondent" in relation to an application in a civil matter, includes any person on whom the notice of motion has been served and in relation to a civil 8

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appeal, includes any person on whom a notice of appeal has been served, and any person other than the appellant on whom a notice of cross-appeal has been served;

"sub-registry" has the meaning assigned to it in rule 6.

these Rules or by any computatior decision of the Court for doing any act, shall be reckoned in of time accordance with the following provisions- (a) a period of days from the happening of an event or the doing of any act or thing shall be taken to be exclusive of the day on which the event happens or that act or thing is done; (b) if the last day of the period is a Sunday or a public holiday, which days are in this rule referred to as "excluded days", the period shall include the next following day, not being an excluded day; (c) where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day; (d) where any act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of time; (e) unless the Court otherwise directs, the period of the Christmas vacation shall not be reckoned in the computation of time.

extend the time Extension of time. limited by these Rules or by any decision of the Court or of the High Court for the doing of any act authorised or required by 9

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these Rules, whether before or after the expiration of that time and whether before or after the doing of the act; and any reference in these Rules to any such time shall be construed as a reference to the time as so extended.

Suspension 5. (1) No sentence of death or corporal punishment shall of sentence and stay of be carried out until the time for giving notice of appeal has execution. expired or, where notice of appeal has been given, until the appeal has been determined.

Registry 6. (1) Subject to subrule (2), the Registry of the Court shall and sub registries. be situated at Kampala.

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to time, direct during Hours for lodging what hours the registry of the Court and the registry of the High documents. Court or any sub-registry shall be open for the receipt of documents lodged under these Rules.

nance of (a) a register of applications in criminal matters, in registers.

which shall be entered particulars of every application lodged in the registry or sent to the Registrar by any deputy registrar relating to a criminal appeal;

Every application to the Court other than an Numbering application made informally in the course of the hearing, shall, ofapplications whether lodged before or after the institution of an appeal, be and appeals, given a serial number; and for that purpose, there shall be maintained in the Registry and in each sub-registry, two series of numbers for each calendar year, one for applications in criminal matters and one for applications in civil matters; and the serial number shall be prefixed by letters indicative of the Registry or sub-registry (2) Every criminal appeal shall be given a serial number in the Registry, which number shall be allotted as soon as the notice of appeal is received; and for that purpose, a series of numbers shall be maintained for each calendar year. (3) Every civil appeal shall be given a serial number in the Registry, which number shall be allotted as soon as the memorandum of appeal is received; and for that purpose, a series of numbers shall be maintained for each calendar year.

the Registry or in Endorse ment of a sub-registry or in the registry of the High Court under or in documents accordance with rule 9, the Registrar or deputy registrar or lodged. registrar of the High Court, as the case may be, shall immediately cause it to be endorsed showing the date and time when it was lodged.

Notwithstanding any provision of these Rules Registrar's discretion appointing a registry as the place where any document is to be re-place of lodged, the Registrar may, in any particular case, permit the lodging documents. lodging of any documents in the Registry or in any sub-registry. (2) An application for permission under this rule may be made informally, but shall be in writing. 13

Acceptance 12. (1) The Registrar or the registrar of the High Court, as of the case may be, shall not refuse to accept any document on the documents lodged out ground that it is lodged out of time but shall mark the document of time. with the words "lodged out of time" and inform the person lodging it accordingly. (2) When a document is accepted out of time by the registrar of the High Court, he or she shall inform the Registrar.

Require 13. (1) Unless the nature of the document renders it ments as to size and impracticable, every document prepared for use in the Court production shall be on foolscap or A4 paper of durable quality; and only one of documents, side of the paper shall be used and a margin of not less than 3.8 binding of centimetres shall be left on the left side of the sheet. records and numbering (2) All documents prepared for use in the Court shall be of pages and lines. clear and easily legible and may be produced by printing, type lithography, stencil duplicating, photography, xerography, typewriting or writing or any combination of them. (3) In every criminal appeal, the record of appeal, and, in every civil appeal, the memorandum of appeal, together with the record of appeal, shall be bound in book form with a cover of stout paper and may be in more volumes than one, and the title of the appeal shall appear on the cover. (4) The pages of every application and, in criminal cases, of the record of appeal, and, in civil cases, of the memorandum of appeal and the record of appeal shall be numbered consecutively. (5) In all applications and appeals, every tenth line of each page of the record shall be indicated in the margin on the right side of the sheet.

The Registrar, or the registrar of a High Court, as the Power for Registrar case may be, may refuse to accept any document which does not and registrar comply with the requirements of rule 13. of High Court to reject (2) Subject to rules 110 and 112, the Registrar, or the documents. registrar of the High Court, as the case may be, shall refuse to accept any document tendered without the required fee, if any, or, in the case of the memorandum of appeal in a civil appeal, the lodging of security for costs. (3) If, as the result of an error, a document is accepted which ought to have been rejected under subrule (2), the document shall be taken to have been duly lodged; but the person who lodged it shall, as soon as practicable after the error is discovered, pay the required fees or the balance of those fees or lodge the required security. (4) Any person who is dissatisfied with a decision of the Registrar, or registrar of the High Court, rejecting any document under this rule, may require the matter to be referred to a Judge for his or her decision. (5) An application under subrule (4), may be made informally at the time when the decision is given or in writing within seven days after that date.

Any document may be signed on behalf of the signature of documents person making it by any person entitled under rule 22 to appear on his or her behalf. (2) In or in relation to criminal appeals, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under rule 22 to appear on his or her behalf or by any person in whose care he or she may be for the time being, including a medical officer, police officer or prison officer.

Where any person obtains leave to amend any Form of amendments. document, the document itself may be amended or, if it is more convenient, an amended version of the document may be lodged. 15

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Service and 17. (1) Where any document is required by these Rules to be transmission of served on any person, service may be effected in a way directed documents. in each case by the Court, which shall normally be a way in which a comparable process of the High Court could be served; and in the absence of any special direction, it shall be made personally on the person to be served or any person entitled under rule 22 to appear on his or her behalf. (2) Where any document is required to be served on the appellant or on the respondent and two or more appellants or respondents, as the case may be, are represented by one advocate, it shall be sufficient if one copy of the document is served on that advocate. (3) For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be taken to be service on the advocate. (4) Proof of service may be given where necessary, by affidavit, unless in any case, the Court requires proof by oral evidence. (5) In the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the document was delivered to the prisoner on a specified date may be accepted as sufficient proof of service. 16

address for service, may, at address for any time, change his or her address for service by lodging a service. notice of the change in the appropriate registry and serving copies of it on all persons who have been served with the previous address.

the Court and the matters to be disposed Sittings of the Court. of at those sittings shall be determined by the Deputy Chief Justice and shall be advertised and notified in such manner as the Deputy Chief Justice may direct; but nothing in these Rules shall preclude the Court from disposing of any business that has not been advertised or notified.

the Court shall be determined by the Vacations ief Justice but the arrangement of business during a vacation s all be determined by the Deputy Chief Justice; and those arrangements shall be advertised or notified in a manner directed by the Deputy Chief Justice. (2) No business will be conducted during a vacation, unless the Chief Justice otherwise directs, except the delivery of judgment and, when the matter is shown to be one of urgency, the hearing of applications and the taxation of bills.

the Court shall, unless the Deputy Chief Places where Justice or the presiding Judge otherwise directs, be heard at appeals are Kampala. to be heard.

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Appearan 22. (1) Subject to rule 72, a party to any proceedings in the ces Court may appear in person or by advocate. (2) A corporation may appear either by advocate or by a director, manager or secretary of the corporation appointed by resolution under the seal of the corporation; and a sealed copy of the resolution shall be lodged with the Registrar. (3) A person under disability may appear by advocate or by his or her committee, next friend or guardian ad litem, as the case may be. (4) Where a person has acted as next friend or guardian ad litem in the High Court for a person under disability, and the person under disability becomes respondent in an appeal to the Court, the next friend or guardian ad litem may, if he or she desires to act in that capacity in the appeal, lodge a consent to act and shall then be taken to be duly appointed. (5) In any other case, the Court may appoint the guardian ad litem for the purpose of an appeal. (6) The Court may, at any time, remove and replace any guardian ad litem however appointed.

Change of 23. Where a party to an application or appeal in the Court advocate. tic. changes his or her advocate or having been represented by an advocate, decides to act in person or, having acted in person, engages an advocate, he or she shall, as soon as practicable, lodge with the Registrar notice of the change and shall serve a copy of the notice on the other party or on each other party appearing in person or separately represented, as the case may be.

Assignment 24. (1) In any application in a criminal matter or in a of advocate. criminal appeal in the Court, the Deputy Chief Justice or the presiding Judge may, at any time, assign an advocate to represent an applicant or appellant if it appears desirable in the interest of justice. 18

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25, (1) The Attorney-General and the Solicitor-General Right of audience of shall have the right of audience before the Court and shall, in advocates. that order, take precedence over all other advocates. (2) Other legal officers of the Government shall have the right of audience before the Court in all proceedings within the scope of 'heir official duties. (3) Every advocate who is for the time being entitled to practice before the High Court shall have the right of audience before the Court. (4) An advocate who has been struck off the roll of advocates or who is under suspension from practice, shall have no right of audience in the Court.

Lisi of 26. (1) An advocate who intends at the hearing of any authorities and copies application or appeal to rely on the judgment in any reported case of or to quote from any book, shall lodge with the Registrar at the judgments Io be place where the application or appeal is to be heard, a list referred to. containing the titles of those cases with their citations and the names, authors and editions of any such books and shall serve a copy of the list on the other party or on each other party appearing in person or separately represented, as the case may be.

The Court shall, at the hearing of an application or Order of addresses. appeal, hear first the applicant or appellant, then the respondent and then the applicant or appellant in reply. (2) At the hearing of an appeal where notice of cross appeal has been given, the Court shall ordinarily hear the appellant first on the appeal, then the respondent on the appeal and on the cross-appeal, then the appellant in reply on the appeal and on the cross-appeal and finally the respondent in reply on the cross-appeal. (3) The Court may dismiss but shall not allow any preliminary objection, application, appeal or cross-appeal without calling on the opposing party. (4) After hearing the opposing party, the Court may allow, but shall not dismiss, any preliminary objection, . application, appeal or cross-appeal without giving the objector, applicant, appellant or cross-appellant an opportunity to reply. (5) This rule shall apply where notice of grounds for affirming the decision has been given, in the same way in all respects as it applies where notice of cross-appeal has been given.

Every appeal shall be heard in court, to which all Appeals to be beard in members of the public shall have access so far as the space in court. the court permits and so long as they conduct themselves in an orderly manner. (2) In exceptional circumstances, the presiding Judge may direct that the public be excluded, if he or she is satisfied that national security or the interests of justice so require.

re-appraise acting in the exercise of its original jurisdiction, the Court may- evidence and to take (a) re-appraise the evidence and draw inferences of fact; additional and evidence.

Power to 30. On any appeal from a decision of the High Court acting call for report in the exercise of its original jurisdiction, the Court shall have power to call for and receive from the High Court a report on any matter connected with the proceedings before that court.

General 31. (1) On any appeal, the Court shall have power, so far as powers of the Court. its jurisdiction permits, to confirm, reverse or vary the decision of the High Court, or to remit the proceedings to the High Court with such directions as may be appropriate, or to order a new trial, and to make any necessary, incidental or consequential orders, including orders as to costs.

Judgment. 32. (1) The provisions of this rule shall apply to judgments and orders by the Court. 22

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Decisions to 33. (1) Every decision of the Court on appeal other than a be decision on an application made informally in the course of a embodied in decrees and hearing, shall be embodied in a decree. orders. (2) Every decree referred to in subrule (1) shall be dated as of the date on which the decision was delivered and shall, in addition, show the date on which the decree was extracted. (3) A decree on an appeal shall be substantially in the Form I in the First Schedule to these Rules and an order on an application shall be substantially in the Form J in that Schedule.

Preparations 34. (1) Where a decision of the Court was given in an of orders. application in a criminal matter or in a criminal appeal, the order shall be drawn up by the Registrar who, in drawing up the order, shall not be required to consult the parties or their advocates.

the Court or any error arising in it from an accidental slip or ofcrTOrsomission may, at any time,whether before or after the judgment has been embodied in a decree, be corrected by the Court concerned, either of its own motion or on the application of any interested person so as to give effect to what was the intention of the Court when judgment was given (2) An order of the Court may, at any time, be corrected by the Court, either of its own motion or on the application of any interested person, if it does not correspond with the judgment or ruling it purports to embody or, where the judgment or order has been corrected under subrule (1), with the judgment or order as so corrected. Notification 36. (1) The Registrar shall send to the registrar of the High of decisions. Court a sealed copy of the order embodying the decision of the Court in any civil or criminal appeal from the High Court. (2) Where an appeal emanates from a court presided over by a Chief Magistrate or Magistrate Grade I or a Magistrate Grade II, the final decision of the Court, shall be sent by the Registrar in the form of a sealed copy of the order embodying the final decision in any civil or criminal appeal to the court of first or second instance. Signature 37. Every summons, warrant, order, notice or other formal and sealing of document issued by the Court shall be signed by the Judge or by summonses, the Registrar, and shall be sealed with the seal of the Court. etc.

for certificate (a) where an appeal lies if the High Court certifies that of a question or questions of great public or general importance or leave to importance arise, application to the High Court appeal in shall be made informally at the time when the civil matters. decision of the High Court is given against which the intended appeal'is to be taken; failing which, a formal application by notice of motion may be lodged in the High Court within fourteen days after the decision the costs of which shall lie in the discretion of the High Court;

Order bf 40. (1) Where an application for a certificate or for leave is application and notice necessary, it may be made before or after notice of appeal is lodged. of appeal. (2) If any criminal appeal involves a certificate or leave and the appellant is in prison and unrepresented by an advocate, the High Court or the Court shall, when passing sentence or any other order upon the appellant, call for the appellant to be produced in court to make his or her own application, and ascertain whether or not the appellant shall be granted the certificate or leave, or may adjourn the decision for the appellant to place all necessary facts before the court.

Order of 41. (1) Whenever an application may be made, either in the hearing applications. Court or in the High Court, it shall be made first in the High Court. (2) Notwithstanding subrule (1), in any civil or criminal matter, the Court may, on application or of its own motion, give leave to appeal and grant a consequential extension of time for doing any act as the justice of the case requires, or entertain an application under paragraph (b) of subrule (2) of rule 5, in order to safeguard the right of appeal, notwithstanding the fact that no application in that behalf has first been made to the High Court. 28

Subject to subrule (3) and to any other rule allowing Form of applications informal application, all applications to the Court shall be by to Court. motion, which shall state the grounds of the application. (2) A notice of motion shall be substantially in the Form A in the First Schedule to these rules and shall be signed by or on behalf of the applicant.

the Court shall be supporting supported by one or more affidavits of the applicant or of some edocuments other person or persons having knowledge of the facts. (2) An applicant may, with the leave of a Judge or with the consent of the other party, lodge one or more supplementary affidavits. (3) Application for leave under subrule (2) may be made informally.

the Court Appiica- lions for for leave to amend any document, the amendment for which leave to leave is sought shall be set out in writing and if practicable, amend lodged with the Registrar and served on the respondent before the hearing of the application; or if that is not practicable, it shall be handed to the Court and to the respondent at the time of the hearing. 29

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Procedure 46. When an application is lodged in a sub-registry, the regarding applications deputy registrar shall immediately send it to the Registrar. lodged in sub registries.

Applications 47. An application which the applicant desires to be set during vacations. down for hearing during a vacation, shall, where the applicant is represented by an advocate, be accompanied by a certificate of urgency signed by that advocate.

Number of 48. (1) When an application is to be heard by a single Judge, copies of applications the application and other documents relating to it shall be filed in required. duplicate, and in all other cases, in four copies.

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extra copies of the application and the other documents relating to it, including any affidavits filed by any other party prior to the adjournment or the giving of notice as the case may be. (3) The Registrar may direct in any appeal or application, in any criminal or civil matter, how many additional copies of documents are required by the court in any particular case.

copies of all affidavits Service of notice of shall be served on all necessary parties not less than two clear motion. days before the hearing. (2) In case of urgency, an application, other than an application under rule 110, may be made ex parley but in any such case, if the applicant is represented by an advocate, the advocate shall sign a certificate of urgency, which shall be filed with the proceedings. (3) Where any person required to be served with a notice of motion has given an address for service in or in connection with the proceedings in the High Court but has given no subsequent address for service, the notice may be served on that person at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of any subsequent proceedings.

Any person served with a notice of motion under Affidavits in reply. rule 49 may lodge one or more affidavits in reply and shall, as soon as practicable, serve a copy or copies on the applicant. (2) Any person referred to in subrule (1) may, with the leave of a Judge, lodge one or more supplementary affidavits.

An application in a criminal matter shall abate, Abatement of where the applicant is the State, on the death of the respondent applications. and, in any other case, on the death of the applicant.

Reference 54. (1) Where under subsection (2) of section 13 of the from decision of Judicature Statute, 1996, any person being dissatisfied with the a single decision of a single Judge of the Court- Judge.

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If on any day fixed for the hearing of an application, Procedure on nonthe applicant does not appear, the application may be dismissed, appearance. unless the Court sees fit to adjourn the hearing. (2) If the applicant appears and the respondent fails to appear, the application shall proceed in the absence of the respondent, unless the Court sees fit to adjourn the hearing. (3) Where an application has been dismissed under subrule (1) or allowed under subrule (2), the party in whose absence the application was determined may apply to the Court to restore the application for hearing or to re-hear it, as the case may be, if the applicant can show that the latter was prevented by any sufficient cause from appearing when the application was called on for hearing. (4) An application under subrule (3) shall be made within thirty days after the decision of the Court, or in the case of a party who should have been served with notice of the hearing but was not so served, within thirty days after his or her first hearing of that decision. (5) Subrule (1) shall not apply to any application in a criminal matter if the applicant is in prison and is not represented by an advocate; and in any such case, the application shall be heard notwithstanding the absence of the applicant, unless the Court otherwise orders.

Rescinding 56. (1) An order made on an application heard by a single of orders. Judge may be varied or rescinded by that Judge or any other Judge of the Court or by three Judges of the Court on the application of any person affected by the order if- (a) the order was one extending the time for doing any act, otherwise than to a specific date; or (b) the order was one permitting the doing of some act, without specifying the date by which the act was to be done, and the person on whose application the order was made has failed to show reasonable diligence in the matter. (2) An order made on an application to the Court may similarly be varied or rescinded by the Court.

where the death sentence Notice of appeal in has not been passed, or which does not attract the death sentence, non-capital the accused may give notice informally at the time the decision cases. is given that the accused person desires to appeal against the conviction and sentence, or only the sentence or by notice in writing which shall be lodged in six copies with the Registrar within fourteen days from the date of the decision. (2) The notice of appeal shall- (a) state shortly the nature of the conviction and finding against which it is desired to appeal; and 35

Notice of 60. (1) Apart from the third appeal to the Court being final, appeal from acquittals. whenever the Court acquits or confirms the acquittal of an accused person, the Director of Public Prosecutions, as empowered by the Statute No. Judicature Statute, 1996, may give notice of appeal as provided by 13 of 1996. subrules (1) and (2) of rule 59 of these Rules. (2) Where the Director of Public Prosecutions gives notice of appeal in the event of an accused person being acquitted by the High Court, at the time that the decision is given, the accused person shall give his or her address for a service on him or her of the notice of hearing of the appeal; or, if the Director of Public Prosecutions gives notice of appeal in writing within fourteen days after the decision, the Director shall notify the court of the address of the accused person for service of the notice of appeal upon him or her, and the notice of the date of hearing, which notices shall be substantially in the forms prescribed in respect of appeals against conviction. (3) The accused shall, as soon as possible, be informed that if he or she does not attend the hearing of the appeal, the appeal will be heard in his or her absence and that he or she may be liable to be arrested if the appeal of the Director of Public Prosecutions is successful. (4) Subrules (1), (2) and (3) shall apply to the case where the court confirms or orders the acquittal of an accused person, and the Director of Public Prosecutions gives notice of appeal to the Supreme Court.

Consolida 61. (1) Where two or more appeals are brought from tion of convictions, acquittals, or sentences passed at the same trial, they appeals. shall, unless the Court otherwise orders, be consolidated and shall proceed as one appeal. 36

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mission of High Court shall immediately send a copy of the notice to the notices of Registrar and one to the respondent named in it. appeal.

the registrar of the High Court shall prepare the of appeal record of appeal. (2) For the purpose of an appeal from the High Court in its original jurisdiction, the record of appeal shall contain copies of the following documents in the following order- (a) an index of all documents in the record with the numbers of the pages at which they appear, showing also under the reference to the trial judge's notes and under the reference to the transcript, if any, of shorthand notes, the names of the witnesses and the pages of the record at which their evidence appears; (b) the information, indictment or charge; (c) the trial judge's notes of the hearing, including the proceedings on and after sentence; (d) the transcript of any shorthand notes taken at the trial; (e) a list of all exhibits put in at the trial; (f) all documentary exhibits, photographs and plans put in at the trial and all depositions read in consequence of the absence of intended witnesses; except that the registrar of the High Court may, in his or her discretion, omit copies of

documents which are of great length or other exhibits which are difficult to reproduce or may include copies of the relevant parts only of any such documents; (g) the summing-up to the assessors, if there is a record of it, or of the judge's notes on which he or she based his or her summing up, and the opinions of the assessors; (h) the judgment; (i) the order, if any, giving leave to appeal or the certificate, if any that a point of law of general public importance is involved; (j) the notice of appeal; and (k) any other documents which the trial Judge may order to be included, which may include additional grounds or explanation of his or her decisions which he or she considers would be of assistance to the Court, or which appear to the registrar of the. High Court to be necessary for the proper disposal of the appeal; and those documents may include a report made after sentence on an appellant's health.

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Service and 64. (1) As soon as the record of appeal has been prepared, transmission the registrar of the High Court shall cause a copy to be served on of record of appeal, the appellant and a copy on the respondent and shall send four exhibits, etc. copies to the Registrar. (2) The registrar of the High Court shall at the same time send to the Registrar the original record of proceedings in the High Court, the original documentary exhibits in the High Court, other than any of great bulk, but shall not send any exhibits other than documentary ones, unless requested to do so by the Registrar. (3) The registrar of the High Court shall ensure, so far as practicable, that all other exhibits are available for inspection by the Court at the hearing of the appeal. (4) When a further appeal lies to the Supreme Court from the Court, notice of appeal shall be entered by the Court confirming or passing a sentence of death or in the case of a lesser sentence, notice of appeal shall be given by the appellant or his or her advocate either informally or formally.

In this Part of these Rules, every appellant shall, Memo randum of within fourteen days after service on him or her of the record of appeal. appeal, lodge a memorandum of appeal in nine copies with the Registrar, or the deputy registrar at the place where the appeal is to be held by the Court, if the Chief Justice orders circuits by the Court under paragraph (b) of clause (3) of article 135 of the Constitution. (2) The memorandum of appeal shall set forth concisely and under distinct heads numbered consecutively, without argument or narrative, the grounds of objection to the decision appealed against, specifying, in the case of a first appeal, the points of law or fact or mixed law and fact and, in the case of a second appeal, the points of law, or mixed law and fact which are alleged to have been wrongly decided, and in a third appeal the matters of law of great public or general importance wrongly decided. (3) The Registrar or the deputy registrar, as the case may be, shall, as soon as practicable, cause a copy of the memorandum of appeal to be served on the respondent. (4) A memorandum of appeal shall be substantially in the Form C in the First Schedule to these Rules and shall be signed by or on behalf of the appellant. 41

Supple 66. (1) The appellant may, at any time, with the leave of the mentary memo Court, lodge a supplementary memorandum of appeal. randum. (2) An advocate who has been assigned by the Deputy Chief Justice or the presiding Judge to represent an appellant, may, within fourteen days after the date when he or she is notified of his or her assignment, and without requiring the leave of the Court, lodge a memorandum of appeal on behalf of the appellant as supplementary to or in substitution for any memorandum which the appellant may have lodged. (3) Any person lodging a supplementary memorandum under this rule, shall cause a copy of it to be served on the respondent.

Present 67. (1) An appellant or, where the appellant is the State, a ation of respondent who does not intend to appear in person or by advocate arguments in writing. at the hearing of the appeal, may lodge with the Registrar or with the deputy registrar at the place where the appeal is to be heard, a statement in writing of his or her arguments in support of or in opposition to the appeal, as the case may be. (2) Every statement referred to in subrule (1) shall be signed by or on behalf of the appellant or respondent, as the case may be, and shall be lodged in nine copies at the time of or within fourteen days after lodging the memorandum of appeal. (3) A person who has lodged a statement under this rule shall not, except with the leave of the Court, address the Court at the hearing of the appeal. (4) On receipt of a statement under subrule (1), the Registrar or deputy registrar shall immediately, send one copy of it to the other party.

If the appellant is in prison, he or she shall be taken Procedure where to have complied with the requirements of rules 58, 59, 65, 66 appellant is and 67 or any of them if he or she gives to the officer in charge in prison.

of the prison the notice of appeal, memorandum of appeal or statement provided for in those rules respectively. (2) In any case to which subrule (1) applies, in computing the time limited for lodging the notice, memorandum or statement, there shall be excluded- (a) the time between the appellant's conviction and his or her arrival at the prison to which he or she was committed; and (b) the time between the giving of the notice, memorandum or statement to the officer in charge of the prison and its lodging by him or her with the registrar of the High Court or the Registrar or deputy registrar, as the case may be. (3) An officer in charge of a prison who receives a notice or statement under this rule, shall, immediately, endorse it with the date and time of receipt.

An appeal may be withdrawn at any time before Withdrawal of appeals. hearing by notice in writing to the Registrar signed by the appellant; and upon the notice being given, the appeal shall be taken to have been dismissed. (2) When an appeal is withdrawn, the Registrar shall immediately notify the respondent and the Registrar of the High Court. (3) An appeal which has been withdrawn may be restored by leave of the Court on the application of the appellant if the Court is satisfied that the notice of withdrawal was induced by fraud or mistake and that the interests of justice require that the appeal be heard.

an appeal against a sentence of a Abatement of appeals. fine or an order for costs, compensation or forfeiture, shall abate on the death of the appellant or, where the appellant is the State, on the death of the respondent. 43

Notice of hearing.

The Registrar shall cause notice to be given to the appellant and to the respondent of the time and place at which an appeal will be heard (2) A notice under subrule (1) shall be given not less than seven days before the date appointed for the hearing, unless in any particular case the Deputy Chief Justice or the presiding Judge otherwise directs.

Appearance 72. (1) The appellant and the respondent shall be entitled to at hearing and be present at the hearing of the appeal. dismissal for non- (2) An applicant other than an appellant under sentence appearance. of death or imprisonment for life , or a respondent, if either is imprisoned and represented by an advocate, shall, unless in any particular case the Court otherwise directs, if he or she wishes to be present, be responsible for paying the expenses of his or her transport and that of his or her escort to and from the Court. (3) Where an appellant is represented by an advocate or has lodged a statement under rule 67 or is in prison, then subject to clause (5) of article 28 of the Constitution, it shall not be necessary for him or her to attend personally the hearing of his or her appeal, unless the Court orders his or her attendance. (4) If an appellant is on bail, he or she shall attend the hearing of his or her appeal or, with the leave of the Registrar, shall, before the time of hearing, attend the High Court at the place where the bail bond was executed and submit himself or herself to the order of that court pending disposal of the appeal. (5) Where an appellant is in prison and has stated that he or she does not intend to appear at the hearing of his or her appeal, the appeal shall be heard in his or her absence, unless the Courts orders attendance. (6) Subject to subrule (5), if on the day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate and has not lodged a statement under rule 67, or having been in prison has escaped from custody, the appeal may be dismissed or may be heard in his or her absence. 44

(4^0

al hearing. (a) the appellant shall not, without leave of the Court, argue any ground of appeal not specified in the memorandum of appeal or in any supplementary memorandum lodged under rule 66; (b) the arguments contained in any statement lodged under rule 67 shall receive the same consideration as if they had been advanced orally at the hearing.

these Rules shall apply to appeals from the Application High Court acting in its original and appellate jurisdiction in of Part IV ofPartlv civil cases. 45 (4GC

Notice of 75. (1) Any person who desires to appeal to the Court shall appeal in civil give notice in writing, which shall be lodged in duplicate with appeals. the Registrar of the High Court. (2) Every notice under subrule (1) shall, subject to rules 82 and 94 be lodged within fourteen days after the date of the decision against which it is desired to appeal. (3) Every notice of appeal shall state whether. it is intended to appeal against the whole or part only of the decision; and where'it is intended to appeal against a part only of the decision, it shall specify the part complained of, state the address for service of the appellant and state the names and addresses of all persons intended to be served with copies of the notice. (4) When an appeal lies only with leave or on a certificate that a point of law of general public importance is involved, it shall not be necessary to obtain the leave or certificate before lodging the notice of appeal. (5) A notice of appeal shall be substantially in the Form D in the First Schedule to these Rules and shall be signed by or on behalf of the appellant.

Transmission 76. On receipt of a notice of appeal, the registrar of the High of notice of appeal. Court shall immediately send one copy of it to the Registrar.

Service of 77. (1) An intended appellant shall, before or within seven notice of appeal on days after lodging notice of appeal, serve copies of it on all persons persons directly affected by the appeal; but the Court may, on affected. application, which may be made ex parte, direct that service need not be effected on any person who took no part in the proceedings in the High Court. (2) Where any person required to be served with a copy of a notice of appeal has given any address for service in or in connection with the proceedings in the High Court, and has not subsequently given any other address for service, the copy of the notice of appeal may be served on him or her at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of an appeal.

be incompetent by reason Death of respondent only that the person on whom it is required to be served was dead before service of at the time when the notice was lodged; but a copy of the notice notice. shall be served as soon as practicable on the legal representative of the deceased.

Every person on whom a notice of appeal is served Respondent , n to give Snail address for services. (a) within fourteen days after service on him or her of the notice of appeal in the appropriate registry, serve on the intended appellant notice of a full and sufficient address for service;

appeal from the same decision, the second and all subsequent notices of appeal from notices to be lodged shall be taken to be notices of address for same decision. service within the meaning of rule 79 and the party or parties giving those notices shall be respondents in the appeal.

Application 81. A person on whom a notice of appeal has been served to strike out notice of may at any time, either before or after the institution of the appeal or appeal. appeal, apply to the Court to strike out the notice or the appeal as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.

Institution 82. (1) Subject to rule 112, an appeal shall be instituted in of appeals. the Court by lodging in the Registry, within sixty days after the date when the notice of appeal was lodged- (a) a memorandum of appeal, in six copies, or as the Registrar shall direct; (b) the record of appeal, in six copies, or as the Registrar shall direct; (c) the prescribed fee; and (d) security for the costs of the appeal. (2) Where an application for a copy of the proceedings in the High Court has been made within thirty days after the date of the decision against which it is desired to appeal, there shall, in computing the time within which the appeal is to be instituted, be excluded such time as may be certified by the registrar of the High Court as having been required for the preparation and delivery to the appellant of that copy. (3) An appellant shall not be entitled to rely on subrule (2), unless his or her application for the copy was in writing and a copy of it was served on the respondent, and the appellant has retained proof of that service. (4) The period prescribed by subrules (1) and (2) for the institution of appeals shall also apply to appeals from the High Court in the exercise of its bankruptcy jurisdiction.

Effect of 83. If a party who has lodged a notice of appeal fails to default in instituting institute an appeal within the prescribed timeappeal.

An appeal shall not be instituted in the name of a Death of party to person who is dead but may be instituted in the name of his or intended her legal representative. appeal.

A memorandum of appeal shall set forth concisely Contents of memo and under distinct heads, without argument or narrative, the randum of grounds of objection to the decision appealed against, specifying appeal.

the points which are alleged to have been wrongly decided, and the nature of the order which it is proposed to ask the Court to make. (2) The grounds of objection shall be numbered consecutively. (3) A memorandum of appeal shall be substantially in the Form F in the First Schedule to these Rules and shall be signed by or on behalf of the appellant.

For the purpose of an appeal from the High Court in Contents o records of its original jurisdiction, the record of appeal shall, subject to appeal. subrule (3), contain copies of the following documents- 49 (A&//)

Notification 88. (1) When an appeal has been instituted in a sub and transmission registryof papers to Registrar. (a) the deputy registrar shall inform the Registrar of the names of the appellant and the respondent and the names of the respective advocates and the date when the appeal was instituted;

If a respondent is of opinion that the record of appeal Preparation and service is defective or insufficient for the purposes of his or her case, he of supple or she may lodge in the appropriate registry four copies of a mentary record. supplementary record of appeal containing copies of any further documents or any additional parts of documents which are, in his or her opinion, required for the proper determination of the appeal. (2) The respondent shall, as soon as practicable after lodging a supplementary record of appeal, serv6 copies of it on the appellant and on each other Respondent who has complied with the requirements of rule 79. (3) Where an appellant desires to lodge a supplementary record of appeal in the Court, the appellant may, at any time, lodge in the Registry four copies of the supplementary record of appeal, and shall as soon as practicable thereafter, serve copies of it on every respondent who has complied with the requirements of rule 79.

Notice of 90. (1) A respondent who desires to contend at the hearing cross appeal. of the appeal in the Court, that the decision of the High Court or any part of it should be varied or reversed, either in any event or on the appeal being allowed in whole or in part, shall give notice to that effect, specifying the grounds of his or her contention and the nature of the order which he or she proposes to ask the Court to make, or to make in that event, as the case may be.

Notice of 91. (1) A respondent who desires to contend on an appeal in grounds for affirming the Court that the decision of the High Court should be affirmed decision. on grounds other than or additional to those relied upon by that Court, shall give notice to that effect, specifying the grounds of his or her contention.

cross-appeal or to Service of notice of contend that the decision of the High Court should be affirmed cross-appeal on grounds other than those relied on by that court shall, before or notice of grounds for or within seven days after lodging his or her notice of cross affirming appeal or notice of grounds for affirming the decision, as the case decision. may be, serve a copy of it on all other persons directly affected by the cross-appeal or by the appeal, as the case may be. (2) The respondent shall also serve copies of the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be, on such other parties to the original proceedings as the Court may, at any time, on application or of its own motion, direct and within such time as the Court may appoint.

An appellant may at any time after instituting his or Withdrawal her own appeal in the Court and before the appeal is called on for of appeal.

hearing, lodge in the Registry, notice in writing that he or she does not intend further to prosecute the appeal. (2) The appellant shall, before or within seven days after lodging the notice of withdrawal, serve copies of it on each respondent who has complied with rule 79.

on the death of any appellant Death of party to or respondent; but the Court shall, on the application of any appeal. interested person, or on the Court's own motion, cause the legal representative of the deceased to be made a party in place of die deceased.

Any party to an appeal who does not intend to Presentation of appear in person or by advocate at the hearing of the appeal, may arguments lodge in the Registry, a statement in writing of his of her in writing.

arguments in support of or in opposition to the appeal or the cross-appeal, if any, as the case may be, and shall, before or within seven days after lodging it, serve a copy of it on the other party or on each other party appearing in person or separately represented. (2) Every statement under subrule (1) shall be lodged- (a) by an appellant, within fourteen days after lodging his or her memorandum of appeal; (b) by a respondent, within thirty days after service on him or her of the memorandum and record of appeal.

The Registrar shall give all parties to an appeal not Notice o( hearing. less than fourteen days notice of the date fixed for hearing of an appeal.

Appearances 99. (1) If on any day fixed for the hearing of an appeal in at hearing and the Court, the appellant does not appear, the appeal may be procedure on non- dismissed and any cross-appeal may proceed, unless, the Court appearance. .. sees fit to adjourn the hearing. .

3t hearing. (a) no party shall, without the leave of the Court, argue that the decision of the High Court should bp reversed or varied except on a ground specified in the memorandum of appeal or in a notice of cross-appeal,- or support the decision of the High Court on any ground not relied on by that court or specified in a notice given under rule 92; (b) a respondent shall not, without the leave of the Court, raise any objection to the competence pf the appeal which might have been raised by application under rule 81; (c) the Court shall not allow an appeal or cross-appeal on any ground not set forth or implicit in the memorandum of appeal or notice of cross appeal, without affording the respondent, or any person who in relation to that ground should have been made a respondent, or the appellant, as the case may be, an opportunity of being heard on that ground; (d) the arguments contained in any statement lodged under rule 97 shall receive the same consideration as if they had been advanced orally at the hearing.

Subject to rules 110 and 112, the fees set out in the Fees payable. Second Schedule to these Rules shall be payable in the Court in respect of the matters and services set out in that Schedule. (2) Notwithstanding subrule (1)- (a) no fees shall be payable upon any appeal from the High Court acting in its original jurisdiction in a criminal case, or on any application in connection with any such appeal or for the supply of the copy of the record of appeal;

Time of 103. (1) The fee payable on lodging any document shall be payment of fees. payable at the time when the document is lodged. (2) The Registrar or registrar of the High Court may require the payment in advance of the fee for any other service or, where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it. (3) Any fee paid under subrule (2) in advance or deposit made shall be refunded if the request for the service is cancelled before the service has been undertaken.

Security for 104. (1) Subject to rule 112, there shall be lodged in the costs in civil Court on the institution of a civil appeal, as security for the costs appeals. of the appeal, the sum of Shs. 200,000. (2) Where an appeal has been withdrawn under rule 93, after notice of appeal has been given, the Court may, on the application of any person who is a respondent to the cross appeal, direct the cross-appellant to lodge in Court as security for costs, the sum of Shs. 200,000, or any specified sum less than Shs. 200,000 or may direct that the cross-appeal be heard without security for costs being lodged. (3) The Court may at any time if it thinks fit, direct that further security for costs be given and may direct that security be given for the payment of past costs relating to the matters in question in the appeal. (4) Where security for costs has been lodged, the Registrar may pay out the whole or some part of the security either by consent of the parties or in conformity with the decision of the Court and having regard to the rights of the parties under it.

IOS. (1) When making any decision as to the payment of Assessment or taxation costs, the Court may assess them or direct them to be taxed, and of costs. any decision as to payment of costs, not being a decision by which the amount of costs is assessed, shall operate as a direction that the costs be taxed. (2) For the purpose of execution in respect of costs, the decision of the Court directing taxation and the certificate of the taxing officer as to the result of the taxation shall, together be taken to be a decree.

the Court that costs have been incurred Costs improperly improperly or without reasonable cause, or that by reason of any incurred. undue delay in proceeding under any judgment or order, or of any misconduct or default of the advocate, any costs properly incurred have nevertheless proved fruitless to the person incurring them, the Court may call on the advocate by whom the costs have been incurred to show cause why those costs should not be borne by the advocate personally, and may make such order as the justice of the case may require.

it is dependent on the result of any for proceedings in the Court shall be void. remuner ation.

The Registrar shall be a taxing officer with power to Taxation tax the costs as between party and party of or arising out of any appeal or application to the Court. (2) The costs shall be taxed in accordance with the rules and scale set out in the Third Schedule to these Rules. (3) The remuneration of an advocate by his or her client in respect of the appeal or application shall be subject to taxation in the High Court and shall be governed by the rules and scales applicable to proceedings in that court.

Any person who is dissatisfied with a decision of the Reference on taxation. Registrar in his or her capacity as a taxing officer, may require any matter of law or principle to be referred to a Judge for decision; and the Judge shall determine the matter as the justice of the case may require. 61

(4-70

Waiver of 110. (1) If in any appeal from the High Court acting in its fees in criminal appellate jurisdiction in any criminal matter, a Judge of the High appeals. Court is satisfied on the application of the appellant- (a) that the appeal raises one or more questions of law proper for determination by the Court; (b) that the appellant ought not, by reason of poverty, to be required to pay the whole of the fees ordinarily payable, including the fees for preparing the record of appeal, 62 (/fll)

he or she may, by order direct that the whole or any part of the fees be waived. (2) An application for an order under subrule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he or she would be required to pay as fees or to deposit in respect of the fees; but a Judge of the High Court may entertain the application out of time if it appears to him or her that there was sufficient cause for the delay in making it. (3) No fee .shall be payable on the lodging of the application. (4) A Judge of the High Court considering the means of an applicant, may rely on a report made to him or her by the Registrar of the High Court. (5) A Judge of the High Court making an order under subrule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the memorandum of appeal. (6) An order allowing or dismissing an application under subrule (1) shall be final; except that the decision by the Judge of the High Court that an appeal raises or does not raise a question of law proper for determination by the Court shall be conclusive of that question only in relation to the application.

an appeal is allowed from the High Court in its Refund of fees paid in appellate criminal jurisdiction, the Court may, for sufficient criminal reason, order the refund to the appellant of the fees paid by him appeals, or her under these Rules or any part of them

If in any appeal from the High Court in its original Relief from or appellate jurisdiction in any civil case the Court is satisfied, fees and security in on the application of an appellant, that he or she lacks the means civil appeals. to pay the required fees or to deposit the security for costs and that the appeal is not without reasonable possibility of success, the Court may, by order, direct that the appeal may be lodged- 63

(z/if)

FIRST SCHEDULE

FORMA (Rule 42)

In the Court of Appeal of Uganda at

Criminal (1) Application No of ,19 Civil

NOTICE OF MOTION

Take notice that on the day of 19.... at o'clock in the morning/ afternoon (1) or as soon after that as he/she can be heard, Mr/Mrs Advocate for the above-named applicant, will move the Court (1) for an order that a Judge of the Court

on the grounds that and for an order that the costs of and incidental to this (3j Amend as application abide the result of the appeal (3). The necessary. application will be supported by the affidavit

of sworn on the day of 19 The address of service of the applicant is....

Dated this day of 19

Signed ... Applicant Advocate for the Applicant.

Lodged in the Registry on the..... day Sub-registry at of. 19

Registrar.

FORM B (Rule 58) (Heading as in the proceedings appealed from)

NOTICE OF APPEAL

Take notice that appeals to the Court of Appeal of Uganda against the decision of the Honourable Mr./Lady Justice given at on the day of 19 by which the/ appellant was convicted of and sentenced to / the accused was acquitted.

The appeal is against/conviction only/conviction and sentence/sentence only/acquitlal (1).

Signed ........ Appellant Advocate for the appellant. 66

(z/D.)

[Retained only to prepare this notice/Retained to appear at the hearing of the appeal/Assigned to appear at the hearing of the Appeal.(l)].

To- The Registrar of the High Court at

lodged in the High Court at .. the day of 19

Registrar.

FORMC (Rule 65)

In the Court of Appeal of Uganda at .4.

Criminal Appeal No of 19

Between

and

MEMORANDUM OF APPEAL

, the abovenamed appellant, appeals to the Court of Appeal against the abovementioned decision, by which/the appellant was convicted of and sentenced to /the accused was acquitted,

On the following grounds, namely- 1 2 etc.

Signed Appellant Advocate of the Appellant.

The Honourable Judges of the Court of Appeal.

Lodged in the Registry/Sub-registry at on the day of. 19....

Registrar.

FORM D (Rule 75) (Heading as in proceedings appealed from)

NOTICE OF APPEAL

Take notice that...... being dissatisfied with the decision of the Honourable Mr/Lady Justice given at on the day of 19 intends to appeal to the Court of Appeal against the whole of the decision/such part of the decision as decides that (1), (2). (1) Delete as The address of service of the appellant is appropriate. (2) Specify It is intended to serve copies of this part notice on (3) ................................ Dated this complained day of, 19 of. (3) Copies of the Signed ............................. Appellant notice should Advocate for the Appellant. be served on all persons Todirectly affected by The Registrar of the High Court at Lodged in the appeal. the High Court al this day of 19

Registrar.

FORME (Rule 79)

(Heading as in proceedings appealedfrom)

NOTICE OF ADDRESS FOR SERVICE

Take notice that the address for service of ... a respondent served with notice of.appeal, is

Dated this day of , 19

Signed Respondent Advocate for the Respondent. To- The Registrar/Deputy Registrar of the Court of Appeal at

Copies to be served on Lodged in the Registry/Sub-registry at the.................................................... of .... 19

Registrar.

FORMF (Rule 85) In the Court of Appeal at Civil Appeal No. of 19 between

and

Appeal from a ............... (1) of the High Court at ... (MrTLady Justice

Dated the day of 19

in Civil Case (2)/Civil Appeal/Bankruptcy Cause/Matrimonial Cause/ Miscellaneous Cause No of 19

MEMORANDUM OF APPEAL

the above-named appellant appeals to the Court of Appeal against the whole/part (3) of the abovementioned decision on the following grounds namely-

1

2 etc.

It is proposed to ask the Court for an order that (4)

Signed Appellant Advocate for the Appellant.

The Honourable Judges of the Court of Appeal.

Copies to be served on

Lodged in the Registry/Sub-registry at on the day of ............................................ - 19

Registrar.

FORM G (Rule 90)

(Heading as in Form F)

NOTICE OF CROSS-APPEAL

Take notice that on the hearing of this appeal, the above- named respondent will contend that the above-mentioned decision ought to be varied or reversed to the extent and in the manner and on the following grounds-

Date this day of. ,19

Signed Respondent. Advocate for the respondent.

To The Honourable the Justices of the Court of Appeal of Uganda.

Lodged in the Registry/Sub-registry at on the day of ,19

Registrar.

71

()

FORMH

(Rule 91)

(Heading as in Form F)

NOTICE OF GROUNDS FOR AFFIRMING THE DECISION

Take notice that on the hearing of this appeal, the above-named respondent, will contend that the above-mentioned decision ought to be affirmed on grounds other than those relied on by the High Court, namely-

1

It is intended to serve copies of this notice on

Dated this day of. 19

Signed Respondent Advocate for the respondent.

The Honourable the Justices of the Court of Appeal of Uganda. Lodged in the Registry/Sub-registry at on the day of. ,19

Registrar.

FORM I (Rule 33) (Heading as in Form F) DECREE IN COURT: BEFORE This appeal coming on for hearing this day of in the presence of. when the appeal was stood over for judgment and this (1) Delete appeal coming for judgment this day (1). when not appropriate. IT IS ORDERED that, 1 2 .etc. (2) As to AND IT IS ORDERED (2) costs.

Dated day of. Extracted on

Registrar.

FORM J (Rule 33) (Heading as in Form A) ORDER (1) Delete Before in Chambers/in Court (1) appropriate ...................................... upon hearing words.

filed in this Court on the day of...................... .... IT IS ORDERED that............................... . and that the costs of this application be. Dated this day of. .Extracted on

Registrar.

SECOND SCHEDULE

(Rule 102)

FEES

annexed to a notice of motion 150

PART n-FEES IN CONNECTION WITH FIRST, SECOND OR THIRD CRIMINAL APPEALS

Court in its second appellate jurisdiction 1,000

part of it, For the first copy ................................... 350 For each additional copy 100

the Court of Appeal

5 above shall be enhanced by Shs. 250 on third appeals to the Supreme Court

notice of change of address . 1,000

interlocutory decision 2,500 Against a final decision- (a) where the appeal is against an award of money or the refusal to make such an award or against a decision as to the ownership of or entitlement to the possession of property, if the amount of money (exclusive of any interest awarded on it) or the value of the property; (i) does not exceed Shs.100,000. .4,000

for affirming the decision. 2,500.00

or a notice of grounds for affirming the decision .2,500.00

where the person to be served resides or has his or her place of business within the city or town where the Registry or Sub-registry of the Court is situated 3,000.00 in any other case 5,000.00 75 (W)

civil appeal or application 6,000.00

document for each folio or part of it for the first copy .......................................... 2,000.00 for each subsequent copy............................................ ... 500.00

rule 25 ........................................ 10,000.00 and a further Shs.2,000 for each day or part of a day of the hearing after the first.

THIRD SCHEDULE.

(Rule 108)

TAXATION OF COSTS Inter 1. In this Schedule, a "folio" means one hundred words, and a pretation. single figure or a group of figures up to seven shall count as one word. Lodging 2. (1) Where costs are to be taxed, the advocate for the party to and service bill of costs. whom the costs were awarded shall lodge his or her bill with the taxing officer and shall, before, or within seven days after, lodging it, serve a copy of it on the advocate for the party liable to pay it. (2) A bill of costs shall be lodged as soon as practicable after the making of the order for costs and not later than twenty-one days after a request in writing for it by the party liable, or such further time as the Registrar may allow. (3) A bill of costs may not be lodged by an advocate who is not on the record.

A bill of costs shall be intituled and filed in the Formof proceedings and shall be prepared in five columns as follows- bl,L (a) the first or left hand column for the dates of the items; (b) the second column for the serial numbers of the items; (c) the third column for the particulars of the services charged for, (d) the fourth column for the professional or scale charges; (e) the fifth column for the taxing officer's deductions.

at the foot of the Disburse ments. bill of costs. (2) Receipts for all disbursements shall be produced to the taxing officer at the time of taxation. (3) No disbursement shall be allowed which has not been paid at the time of taxation.

bill of costs once lodged shall Bills not to be altered be made except by consent of the parties or by permission of the taxing after officer or a Judge. lodging.

been lodged, the taxing officer shall Notice of issue a notice to all parties concerned or their advocates giving the Taxation date, time and place at which the bill will be taxed. 77

(W~>

Time and 7. The taxing officer may limit or extend the time for any adjournment. proceedings before him or her, and adjourn the proceedings from time to time and from place to place. Failure to 8. If any party or advocate who has been duly served with a attend taxation. notice of taxation fails to appear at the date and time specified in the notice, the taxing officer may proceed to tax the bill notwithstanding the absence of the party or the advocate. Quantum of 9. (1) The fee to be allowed for instructions to make, support or costs. or oppose any application shall be a sum that the taxing officer considers reasonable but shall not be less than Shs. 1000. (2) The fee to be allowed for instructions to appeal or to oppose an appeal shall be a sum that the taxing officer considers reasonable, having regard to the amount involved in the appeal, its nature, importance and difficulty, the interest of the parties, the other costs to be allowed, the general conduct of the proceedings, the fund or person to bear the costs and all other relevant circumstances. (3) The sum allowed under sub-paragraph (2) shall include all the work necessarily and properly done in connection with the appeal and not otherwise chargeable, including attendances, correspondences, perusals and consulting authorities. (4) Other costs shall, subject to paragraphs 10,11 and 12, be awarded in accordance with the scale set out in the following paragraphs or, in respect of any matter for which no provision is made in those scales, in accordance with the scales applicable in the High Court.

Fees for 10. The fee for drawing a document shall include the preparation of drawing all copies for the use of the party drawing it and for filing and service when documents. only one other party or one advocate for other parties has to be served; but where there are additional parties, fees may be charged for making the necessary additional copies.

Taxation of 11. (1) On taxation the taxing officer shall allow such costs, bills. charges and disbursements as appear to him or her to have been reasonably incurred for the attainment of justice; but no costs shall be allowed which appear to the taxing officer to have been incurred through overpayment, extravagance, over caution, negligence or mistake or by payment of special charges or expenses to witnesses or other persons or by other unusual expenses. 78 (W)

has been taxed, the taxing officer Over-riding considers that, having regard to all the circumstances, the total of the discretion bill before signing the certificate of taxation is excessive, he or she may make such a deduction from the total as will, in his or her opinion render the sum reasonable.

the profit costs claimed is Excessive claims. disallowed on taxation, the costs of drawing, filing and serving the. bill and of attending taxation shall be disallowed.

a party entitled to receive costs is also liable to pay Set-off of costs, the taxing officer may tax the costs which that party is liable to costs.

pay and adjust them by way of deduction or set-off and direct payment of any balance.

advocate shall not be allowed Costs of more than unless the Court has so directed. one advocate. (2) If an advocate has instructed another advocate to appear at the hearing of an appeal, the fee paid to the latter, or so much of it as the taxing officer considers reasonable, may be allowed but so that the total of the fee and the instructions fee allowed to the instructing advocate shall not be greater than it would have been if one advocate only had acted in the matter.

(Z/CU)

Two or 17. Where the same advocate is employed for two or more more parties. parties and separate proceedings are taken by or on behalf of any two of those parties, the taxing officer shall consider in the taxation of that advocate's bill of costs whether the separate proceedings were necessary and proper; and if he or she is of opinion that any part of the costs occasioned by them has been unnecessarily or improperly incurred, then that part shall be disallowed. Costs where 18. In taxing the costs between party and party or for payment out trustees defend of a trust fund of joint executors or trustees who are separately separately. represented, the taxing officer shall, unless otherwise ordered by the Court or a Judge, allow only one set of costs for those parties, those costs to be apportioned among them as then taxing officer shall think fit. Expenses of 19. The taxing officer shall allow the reasonable expenses of a persons attending party who appeared in person at the hearing of an application or appeal hearing. and those of a witness who gave evidence at that hearing but shall not allow the expenses of any other persons who may have attended the hearing, unless the Court has so ordered.

SCALE OF COSTS

Item No. Shs.

an appeal is subsequently instituted 6,000.00

80

(4Q3)

where no appeal is subsequently instituted, to cover all costs arising out of the notice of appeal other than disbursements and those of any application to the High Court 6,000.00

of it, exclusive of exhibits 1,000.00 with a minimum fee of Shs. 2,000

for affirming a decision ... 5,000.00

with a minimum fee of Shs.2,000

of it 500.00

filed or used in the Court, for each folio or part of it 500.00

each folio or part of it for the first copy 500.00 for each subsequent copy... 200.00

for the first 15 minutes 1,500.00 for each subsequent 15 minutes... . 500.00

for the first 30 minutes 5,000.00 for each subsequent 30 minutes . 1,700.00

listed but not reached, for each day .............. 5,000.00

or application for the first 30 minutes . 7,500.00 for each subsequent 30 minutes 2,500.00

S.W.W. WAMBUZI, Chief Justice.