[1952] EACA 271
The court held that the Deputy Registrar's interpretation of 'costs of this day' was erroneous. The phrase is a legal term that refers to all costs incurred and which will be thrown away, not just those incurred on the date the order was made. Consequently, the disallowance of items 1 to 26 was set aside, and the...
Source-derived case information.
- Citation
- [1952] EACA 271
- Parties
- Plaintiff: Mohanlal Karamshi Shah; Defendant: Rehmtulla Punja
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Civil Case No:105 of 4946
- Procedural Posture
- Civil Case / Order on Costs Taxation
- Outcome
- Disallowance of items 1 to 26 set aside; matter remitted for reconsideration; applicant awarded costs of this application.
- Judges
- Windham J
- Legal Topics
- Costs Taxation, Interpretation of Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohanlal Karamshi Shah
Plaintiff
Rehmtulla Punja
Defendant
Procedural Posture
Civil Case / Order on Costs Taxation
Legal Issues
- 1 What is the correct legal meaning of the expression 'costs of this day'.
- 2 Should items 1 to 26 be disallowed based on the Deputy Registrar's interpretation of 'costs of this day'.
Ratio Decidendi
The court held that the Deputy Registrar's interpretation of 'costs of this day' was erroneous. The phrase is a legal term that refers to all costs incurred and which will be thrown away, not just those incurred on the date the order was made. Consequently, the disallowance of items 1 to 26 was set aside, and the matter was remitted for reconsideration of each item on its merits under the correct interpretation.
Court Disposition
Disallowance of items 1 to 26 set aside; matter remitted for reconsideration; applicant awarded costs of this application.
Orders
- Disallowance of items 1 to 26 is set aside.
- Matter remitted to the Registrar for reconsideration of each item on its merits under the correct interpretation of 'costs of this day'.
Full Case Text
Judgment text and source record
9 paragraphs
## ORIGINAL CIVIL
## Before WINDHAM. J.
## MOHANLAL KARAMSHI SHAH. Plaintiff
v.
REHMTULLA PUNJA. Defendant Civil Case No. 105 of 1946
Costs—Taxation—Meaning of "costs of this day".
D. N. Khanna for plaintiff.
Hunter for defendant.
ORDER (31-1-52).—The learned Deputy Registrar, in disallowing items 1 to 26, did so upon an erroneous view of the meaning of the expression "costs of this day". That expression is a legal one and means all costs incurred and which will be thrown away, and is not confined to costs incurred on the date when the order for "costs of this day" was made. The disallowance of items: 1 to 26 is accordingly set aside, and the matter is remitted for the consideration of each of those items on its merits, upon the interpretation of the expression "costs of this day" as above set out. The matter is remitted to the Registrar of this Court (Mr. Shaylor). Applicant to have his costs of this application.