alcon international limited v standard charted bank of uganda and ors taxation cause 2 of 2011 2013 eacj 5 2 september 2013

alcon international limited v standard charted bank of uganda and ors taxation cause 2 of 2011 2013 eacj 5 2 september 2013

The directions given by the Registrar on 8th June 2012 were not a final ruling but administrative guidance; therefore, the court is not functus officio and retains jurisdiction to proceed with taxation of the bill of costs.

Citation
alcon international limited v standard charted bank of uganda and ors taxation cause 2 of 2011 2013 eacj 5 2 september 2013
Parties
Applicant: Alcon International Limited; 1st Respondent: The Standard Chartered Bank of Uganda; 2nd Respondent: The Attorney General of the Republic of Uganda; 3rd Respondent: The Registrar of the High Court of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
2 September 2013
Procedural Posture
Taxation Cause / Ruling on Preliminary Objection Prior to Taxation of Bill of Costs
Outcome
Preliminary objection dismissed; court not functus officio.
Legal Topics
Functus Officio, Taxation of Costs, Court Directions Vs. Rulings, Powers of Registrar
Source Language
English
Civil Procedure Costs and Taxation Functus Officio Taxation of Costs Court Directions Vs. Rulings Powers of Registrar

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Parties

Alcon International Limited

Applicant

The Standard Chartered Bank of Uganda

1st Respondent

The Attorney General of the Republic of Uganda

2nd Respondent

The Registrar of the High Court of Uganda

3rd Respondent

Procedural Posture

Taxation Cause / Ruling on Preliminary Objection Prior to Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the court was functus officio after its directions of 8th June 2012
  2. 2 Whether the directions given on 8th June 2012 constituted a ruling or mere administrative guidance

Ratio Decidendi

The directions given by the Registrar on 8th June 2012 were not a final ruling but administrative guidance; therefore, the court is not functus officio and retains jurisdiction to proceed with taxation of the bill of costs.

Court Disposition

Preliminary objection dismissed; court not functus officio.

Orders

  • Matter to proceed for taxation.
  • Each party to bear its own costs for the preliminary objection proceedings.