njuba v sebula application 1 of 2012 2013 eacj 1 12 february 2013

njuba v sebula application 1 of 2012 2013 eacj 1 12 february 2013

The letters requesting bills of costs were not properly served as required by the rules, as they were addressed personally rather than to advocates on record. The delay in filing bills was not inordinate given the circumstances and lack of proper service. Rule 2(2) does not bar extension of time, and sufficient reasons were established to warrant exercise of discretion to extend time for filing bills of costs.

Citation
njuba v sebula application 1 of 2012 2013 eacj 1 12 february 2013
Parties
Applicant: Hon. Sam Njuba; Applicant: Electoral Commission of Uganda; Respondent: Hon. Sitenda Sebalu
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
12 February 2013
Procedural Posture
Application for Extension of Time to File Bills of Costs / Ruling on Consolidated Applications
Outcome
Applications for extension of time granted
Legal Topics
Extension of Time, Proper Service of Demand for Bill of Costs, Discretion of Registrar, Representation by Advocate
Source Language
English
Civil Procedure Costs and Taxation Extension of Time Proper Service of Demand for Bill of Costs Discretion of Registrar Representation by Advocate

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Parties

Hon. Sam Njuba

Applicant

Electoral Commission of Uganda

Applicant

Hon. Sitenda Sebalu

Respondent

Procedural Posture

Application for Extension of Time to File Bills of Costs / Ruling on Consolidated Applications

Legal Issues

  1. 1 Whether a party represented by an advocate can act in person without formal withdrawal or notice of change
  2. 2 Whether letters served constituted proper service under Rule 2(2)
  3. 3 Whether failure to lodge bill of costs within 21 days forfeits right to file

Ratio Decidendi

The letters requesting bills of costs were not properly served as required by the rules, as they were addressed personally rather than to advocates on record. The delay in filing bills was not inordinate given the circumstances and lack of proper service. Rule 2(2) does not bar extension of time, and sufficient reasons were established to warrant exercise of discretion to extend time for filing bills of costs.

Court Disposition

Applications for extension of time granted

Orders

  • Applicants to file their respective bills of costs within 14 days from the date of ruling
  • Each party to bear its own costs