[1952] EACA 277
The court held that, pursuant to the order of the Court of Appeal and the authority of Phillipps v. Phillipps, the Taxing Officer is under a duty to proceed to taxation of costs immediately upon the request of the successful party when the appellate court has directed immediate payment of costs. The rationale is...
Source-derived case information.
- Citation
- [1952] EACA 277
- Parties
- Plaintiff: Kassamali Viril Madhani; Defendant: Noormohamed Janmohamed
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Civil Case No. 498 of 1951
- Procedural Posture
- Civil Case / Taxation of Costs
- Outcome
- Objection upheld; matter remitted for immediate taxation of costs.
- Judges
- Bourke J
- Legal Topics
- Taxation of Costs, Interlocutory Orders, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kassamali Viril Madhani
Plaintiff
Noormohamed Janmohamed
Defendant
Procedural Posture
Civil Case / Taxation of Costs
Legal Issues
- 1 Whether interlocutory costs awarded by the appellate court can be taxed and recovered before the conclusion of the main action.
- 2 Whether the Taxing Officer is obliged to proceed to taxation immediately upon request by the successful party when costs are ordered to be paid at once.
Ratio Decidendi
The court held that, pursuant to the order of the Court of Appeal and the authority of Phillipps v. Phillipps, the Taxing Officer is under a duty to proceed to taxation of costs immediately upon the request of the successful party when the appellate court has directed immediate payment of costs. The rationale is that interlocutory costs, once ordered to be paid at once, are not contingent on the conclusion of the main action and must be taxed and paid forthwith. The objection to delayed taxation was upheld, and the matter was remitted to the Taxing Master for immediate action.
Court Disposition
Objection upheld; matter remitted for immediate taxation of costs.
Orders
- The Taxing Master is directed to proceed to the taxation of costs as requested by the successful party.
- The appellant is awarded costs on this objection.
Full Case Text
Judgment text and source record
13 paragraphs
## ORIGINAL CIVIL
Before BOURKE, J.
## KASSAMALI VIRIL MADHANI, Plaintiff
$\boldsymbol{v}$ .
## NOORMOHAMED JANMOHAMED, Defendant
## Civil Case No. 498 of 1951
Taxation of costs—Interlocutory costs when recoverable before action concluded.
On appeal to the Court of Appeal for Eastern Africa from the Supreme Court an order or a motion before the Supreme Court the Court of Appeal allowed the appeal with costs and directed the respondent to pay the appellant's costs of the motion before Supreme Court, etc.
Held (28-4-52).—Upon the request of the successful party it is the duty of the Taxing Officer to proceed to taxation at once.
Case referred to: Phillipps v. Phillipps (1879-80) 5 Q. B. D. 60.
A. R. Kapila for plaintiff.
D. N. Khanna for defendant.
JUDGMENT.—The Court of Appeal allowed the appeal with costs and directed further that the respondent do pay to the appellant the costs of the motion before the Supreme Court together with any costs occasioned to the appellant by and incidental to the granting of the temporary injunction. On the authority of Phillipps v. Phillipps (1879-80) 5 Q. B. D. 60, there is an order for immediate payment and consequently for immediate taxation, because when costs are to be paid at once, it is the duty of the proper taxing officer at once, upon the request of the successful party, to proceed to the taxation of them (ib. per Cotton, L. J., p. 63). I uphold the objection and do remit the matter to the Taxing Master with a direction to proceed to the taxation requested. The appellant will have his costs on this objection.