[2020] UGHCCD 213

[2020] UGHCCD 213

The reference/appeal was filed more than three years after the taxation ruling, contrary to the mandatory 30-day period stipulated under Section 62(1) of the Advocates Act. The appellant did not provide any explanation for the delay nor sought leave of court to file out of time. The court found the delay inordinate...

Source-derived case information.

Citation
[2020] UGHCCD 213
Parties
Appellant: Twesigye Nicholas; Respondent: Clessy Barya Kiiza
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
16 November 2020
Case Number
CIVIL REFERENCE NO. 27 OF 2019
Procedural Posture
Civil Reference / Ruling
Outcome
reference/appeal dismissed as filed out of time
Judges
Emmanuel Baguma, J
Legal Topics
Taxation of Costs, Appeal Out of Time, Preliminary Objection, Court Powers on Delay
Source Language
english
Civil Procedure Taxation of Costs Appeal Out of Time Preliminary Objection Court Powers on Delay

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Parties

Twesigye Nicholas

Appellant

Clessy Barya Kiiza

Respondent

Procedural Posture

Civil Reference / Ruling

Legal Issues

  1. 1 Whether the civil reference/appeal was filed within the statutory time limit under Section 62(1) of the Advocates Act.
  2. 2 Whether the appellant is entitled to a review of the taxation of the bill of costs in Civil Suit No. 726 of 2016.
  3. 3 Whether entertaining the matter would amount to approbation and reprobation.

Ratio Decidendi

The reference/appeal was filed more than three years after the taxation ruling, contrary to the mandatory 30-day period stipulated under Section 62(1) of the Advocates Act. The appellant did not provide any explanation for the delay nor sought leave of court to file out of time. The court found the delay inordinate and unjustified, and upheld the preliminary objection that the reference/appeal was time-barred. As the objection disposed of the entire matter, the court declined to consider the other preliminary objections or the merits of the reference/appeal. The reference/appeal was dismissed to prevent abuse of process and case backlog.

Court Disposition

reference/appeal dismissed as filed out of time

Orders

  • The reference/appeal is dismissed for being filed out of time.
  • No order as to costs.