[2017] UGHCCD 178

[2017] UGHCCD 178

The court found that the Taxing Officer had applied the wrong principles in assessing the bill of costs, resulting in a manifestly excessive award for one day's costs. The inclusion of items such as air ticket costs for a plaintiff with residence in Uganda, excessive advocate attendance fees, inflated clerk and witness expenses, and unreasonable allowances for meals and transport were all unjustified. The court emphasized that costs must be reasonable and realistic, balancing the need to motivate advocates with the imperative of ensuring access to justice for all litigants. Accordingly, the court set aside the taxed amount and substituted it with a sum that reflected fair and sufficient...

Citation
[2017] UGHCCD 178
Parties
Applicant: Bagenda Senfuka; Respondent: Agaba Rogers Kyalisama
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
13 December 2017
Case Number
MISC. APPLICATION NO. 196 OF 2017
Procedural Posture
Miscellaneous Application / Ruling on Appeal From Taxation of Costs
Outcome
appeal allowed; taxed costs set aside and substituted
Judges
Musene, J
Legal Topics
Taxation of Costs, Costs Awards, Land Disputes
Source Language
English
Civil Procedure Land and Property Taxation of Costs Costs Awards Land Disputes

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Parties

Bagenda Senfuka

Applicant

Agaba Rogers Kyalisama

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Appeal From Taxation of Costs

Legal Issues

  1. 1 Whether the taxed bill of costs of UGX 9,307,000/= for one day was manifestly excessive.
  2. 2 Whether the Taxing Officer applied the correct legal principles in assessing the bill of costs.

Ratio Decidendi

The court found that the Taxing Officer had applied the wrong principles in assessing the bill of costs, resulting in a manifestly excessive award for one day's costs. The inclusion of items such as air ticket costs for a plaintiff with residence in Uganda, excessive advocate attendance fees, inflated clerk and witness expenses, and unreasonable allowances for meals and transport were all unjustified. The court emphasized that costs must be reasonable and realistic, balancing the need to motivate advocates with the imperative of ensuring access to justice for all litigants. Accordingly, the court set aside the taxed amount and substituted it with a sum that reflected fair and sufficient...

Court Disposition

appeal allowed; taxed costs set aside and substituted

Orders

  • The appeal is allowed.
  • The sum of UGX 9,307,000/= awarded by the Taxation Master is set aside.