[1995] UGSC 5

[1995] UGSC 5

The court found that the claimed instruction fee of Shs.1,500,000 was excessive given the relatively modest amount involved (Shs.6.48 million), the straightforward nature of the appeal, and the absence of novel or complex issues. The appeal was simple, disposed of quickly, and both parties pursued it vigorously. The taxing officer exercised discretion to reduce the instruction fee to Shs.1,200,000. Items claimed for CTL and certain other costs were disallowed as they were not properly supported or should have been included under instruction fees. The absence of the appellant's counsel, who was duly served, did not prevent taxation from proceeding. The total bill of costs was taxed and...

Citation
[1995] UGSC 5
Parties
Appellant: Birumi Wilson; Respondent: Akamba (U) Ltd
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
9 August 199513 September 19959 August 1995
Procedural Posture
Civil Appeal / Taxation Ruling After Dismissal of Appeal
Outcome
Bill of costs taxed and allowed at Shs.1,300,000.
Legal Topics
Taxation of Costs, Breach of Contract, Instruction Fees, Court Discretion
Source Language
English
Civil Procedure Commercial and Corporate Taxation of Costs Breach of Contract Instruction Fees Court Discretion

Case Brief

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Parties

Birumi Wilson

Appellant

Akamba (U) Ltd

Respondent

Procedural Posture

Civil Appeal / Taxation Ruling After Dismissal of Appeal

Legal Issues

  1. 1 Whether the claimed instruction fee for opposing the appeal is reasonable in light of the amount involved, nature, importance, and difficulty of the appeal.
  2. 2 Whether items claimed as CTL and other disbursements are properly payable at taxation.
  3. 3 Whether the absence of the appellant's counsel at taxation hearing affects the process.

Ratio Decidendi

The court found that the claimed instruction fee of Shs.1,500,000 was excessive given the relatively modest amount involved (Shs.6.48 million), the straightforward nature of the appeal, and the absence of novel or complex issues. The appeal was simple, disposed of quickly, and both parties pursued it vigorously. The taxing officer exercised discretion to reduce the instruction fee to Shs.1,200,000. Items claimed for CTL and certain other costs were disallowed as they were not properly supported or should have been included under instruction fees. The absence of the appellant's counsel, who was duly served, did not prevent taxation from proceeding. The total bill of costs was taxed and...

Court Disposition

Bill of costs taxed and allowed at Shs.1,300,000.

Orders

  • Instruction fee allowed at Shs.1,200,000.
  • Items 2, 3, and 4 disallowed.