[2008] UGCommC 57

[2008] UGCommC 57

The application to set aside the wasted costs order failed because it was not supported by a proper affidavit from the advocate in charge, nor was any medical evidence provided to substantiate the claim of illness. The court found that the reasons advanced were hearsay and insufficient. Furthermore, the scheduling conference could have been attended by any other member of the firm, and the absence was not adequately justified. The court emphasized its duty to prevent wasted costs from being passed on to litigants due to counsel's default.

Citation
[2008] UGCommC 57
Parties
Applicant: Security Group (U) Ltd; Respondent: Doshi Hardware (U) Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 September 2008
Case Number
High Court Miscellaneous Application No. 476 of 2008
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_refused
Legal Topics
Wasted Costs, Scheduling Conference, Affidavit Evidence, Costs Orders
Source Language
English
Civil Procedure Commercial and Corporate Wasted Costs Scheduling Conference Affidavit Evidence Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Security Group (U) Ltd

Applicant

Doshi Hardware (U) Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the wasted costs order against the applicant's advocates should be set aside.
  2. 2 Whether the application to set aside the costs order was supported by sufficient evidence.

Ratio Decidendi

The application to set aside the wasted costs order failed because it was not supported by a proper affidavit from the advocate in charge, nor was any medical evidence provided to substantiate the claim of illness. The court found that the reasons advanced were hearsay and insufficient. Furthermore, the scheduling conference could have been attended by any other member of the firm, and the absence was not adequately justified. The court emphasized its duty to prevent wasted costs from being passed on to litigants due to counsel's default.

Court Disposition

application_refused

Orders

  • Application to set aside wasted costs order is refused.
  • Applicant Mr. Kazibwe to pay costs of 50,000 shillings to the Respondent within 14 days.