[1929] EACA 58

[1929] EACA 58

The court held that under the Civil Procedure Rules, 1927, specifically Order VI, Rule 1 and Rule 11, it is unnecessary to make and attach copies of promissory notes to the plaint. Pleadings should only state the material facts and, where relevant, the effect of the document, not the document itself unless its precise wording is material. Therefore, the costs incurred for making such copies are not recoverable and must be disallowed from the plaintiffs' bill of costs.

Citation
[1929] EACA 58
Parties
Plaintiff: Haji Abdurahim & Others, trading as Haji Esmail Mithoo & Sons; Defendant: Abdulla Khimji
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1929
Case Number
C.C. 112/1929 (Msa.).
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Judges
Stephens, J
Legal Topics
Pleadings Requirements, Costs Taxation, Documentary Evidence, Bill of Costs
Source Language
English
Civil Procedure Pleadings Requirements Costs Taxation Documentary Evidence Bill of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Haji Abdurahim & Others, trading as Haji Esmail Mithoo & Sons

Plaintiff

Abdulla Khimji

Defendant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the making of copies of promissory notes for attaching to the plaint is necessary under the Civil Procedure Rules, 1927.
  2. 2 Whether costs for making such copies should be allowed in the bill of costs.

Ratio Decidendi

The court held that under the Civil Procedure Rules, 1927, specifically Order VI, Rule 1 and Rule 11, it is unnecessary to make and attach copies of promissory notes to the plaint. Pleadings should only state the material facts and, where relevant, the effect of the document, not the document itself unless its precise wording is material. Therefore, the costs incurred for making such copies are not recoverable and must be disallowed from the plaintiffs' bill of costs.

Court Disposition

application_granted

Orders

  • The defendant's application to disallow the specified items in the plaintiffs' bill of costs is granted.
  • The costs for making copies of promissory notes for attachment to the plaint are disallowed.