[2024] UGHC 515

[2024] UGHC 515

The court held that the appeal was incurably time-barred because it was filed beyond the 30-day period prescribed by Section 62(1) of the Advocates Act. The applicant's reliance on Order 51 Rule 4 of the Civil Procedure Rules to exclude the Christmas vacation period was rejected, as the time for filing an appeal...

Source-derived case information.

Citation
[2024] UGHC 515
Parties
Appellant: The Microfinance Support Centre; Respondent: Kasese Hospital; Respondent: Baguma John Henry
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
26 April 2024
Case Number
Miscellaneous Application 7 of 2024
Procedural Posture
Miscellaneous Application / Ruling
Outcome
appeal dismissed as time-barred
Judges
David S.L. Makumbi, J
Legal Topics
Taxation of Costs, Appeal Time Limits, Costs Revision, Certificate of Taxation
Source Language
english
Civil Procedure Taxation of Costs Appeal Time Limits Costs Revision Certificate of Taxation

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Summary, issues, holding and outcome

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Parties

The Microfinance Support Centre

Appellant

Kasese Hospital

Respondent

Baguma John Henry

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the application for revision of taxed costs is time-barred under Section 62(1) of the Advocates Act.
  2. 2 Whether the taxation was founded on consent of the parties before the Taxing Master.
  3. 3 Whether the costs taxed in Taxation Miscellaneous Application No. 41 of 2023 are lawful.

Ratio Decidendi

The court held that the appeal was incurably time-barred because it was filed beyond the 30-day period prescribed by Section 62(1) of the Advocates Act. The applicant's reliance on Order 51 Rule 4 of the Civil Procedure Rules to exclude the Christmas vacation period was rejected, as the time for filing an appeal under the Advocates Act is not subject to the Civil Procedure Rules but is governed by the statute itself and the Interpretation Act. The Interpretation Act only allows exclusion of certain days if the last day of the period falls on a Sunday or public holiday, which was not the case here. As the appeal was filed 55 days after the Certificate of Taxation was issued, it was outside...

Court Disposition

appeal dismissed as time-barred

Orders

  • The appeal is dismissed with costs to the Respondent.