[2018] UGCA 35
The court found that the applicant had provided sound reasons for the delay, notably the improper service of the Taxation Hearing Notice and the inadvertent error by the advocate, which resulted in the applicant not being heard. The court held that these circumstances constituted sufficient reason to grant an...
Source-derived case information.
- Citation
- [2018] UGCA 35
- Parties
- Applicant: David Kabareebe; Respondent: Banyenzaki Christopher
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application Number 384 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application granted
- Judges
- Musota, JA
- Legal Topics
- Extension of Time, Taxation Reference, Service of Process, Exparte Proceedings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kabareebe
Applicant
Banyenzaki Christopher
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a reference against the Taxation order out of time.
- 2 Whether improper service of the Taxation Hearing Notice constitutes sufficient reason for extension of time.
- 3 Whether the amount taxed on the bill of costs was manifestly excessive.
Ratio Decidendi
The court found that the applicant had provided sound reasons for the delay, notably the improper service of the Taxation Hearing Notice and the inadvertent error by the advocate, which resulted in the applicant not being heard. The court held that these circumstances constituted sufficient reason to grant an extension of time. The interest of justice required that the applicant be allowed to file a reference against the taxation decision, and the court exercised its discretion under Rule 5 and its inherent powers to extend the time for filing the reference.
Court Disposition
application granted
Orders
- The applicant shall file a taxation reference within 7 days from the date of this ruling.
- Costs shall abide the taxation reference ruling.
Full Case Text
Judgment text and source record
27 paragraphs
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPLICATION NUMBER 384 OF 2017 CAPT
DAVID KABAREEBE :::::::::::::::::::::::::::: APPLICANT
VS
BANYENZAKI CHRISTOPHER :::::::::::::::::::: RESPONDENT
HON. MR. JUSTICE STEPHEN MUSOTA, JA
RULING
10 This application was brought under sections 96 and 98 of the Civil Procedure Act and Rules 5 and 110 1 and 3 of the Judicature Court of Appeal Rules Directions. The applicant seeks for orders that leave be granted to the applicant to file a reference against the Taxation order given in Civil Application No. 306 of 2014 out of time.
15 The grounds upon which the application is premised are in the affidavit of the applicant and are briefly that;
1. That the Taxation Hearing Notice was served upon the Secretary in the Firm who is not authorized to receive court process.
20 2. That the failure to appear in Court for Taxation was an
inadvertent error on the part of the Firm or advocate which should not be visited on the Applicant.
3. That the amount taxed on the Bill of costs is manifestly excessive in the circumstances.
25 4. That the Taxing master followed a wrong principle in arriving at her decision.
5. That it is in the interest of justice that this honourable court extends time to allow the Applicant to file a reference against the decision of the Taxing Master.
At the hearing of the application, Mr. Akampulira Micheal appeared for the applicant while Mr. Herbert Wakabala appeared for the respondent.
Counsel for the applicant submitted that this application is for 5 extension of time with which to file a reference against the decision of the taxing master. That the 1st point is that the applicant wasn’t heard and the 2nd point is that the bill was manifestly excessive and as such is now seeking leave because he got to know about the bill long after the days within which to appeal against the taxing 10 master’s ruling had passed.
Rule 5 of the rules of this court provides for extension of time. It provides that:
“The court may, for sufficient reason, extend the time limited by these Rules or by any decision of the court or of the High Court for 15 the doing of any act authorised or required by these Rules, whether before or after the expiration of that time and whether before or after the doing of the act; and any reference in these Rules to any such time shall be construed as a reference to the time as extended.”
20 The applicant in this case contends that the Taxation Hearing Notice was not properly served and as a result, the applicant’s advocate was unable to attend the taxation which proceeded exparte and ruling delivered on 14th February 2017 in which the taxation master awarded 6,081,000/ = . These are sound reasons for 25 allowing this application.
This court has inherent powers to make such orders as may be necessary for attaining the ends of justice under Rule 2(2) of the rules of this court.
Accordingly, and in the interest of justice, I grant the leave on the 30 following terms;
1. The applicant shall file a taxation reference within 7 days from the date of this ruling. 2. Costs shall abide the taxation reference ruling.
Dated this 28th day of May 2018.
Hon. Mr. Justice Stephen Musota
(Justice of Appeal)