Uganda Case Law

Hatangimbabazi and Another v Bagoroza and Another (Taxation Reference 1 of 2023)

Hatangimbabazi and Another v Bagoroza and Another (Taxation Reference 1 of 2023) [2023] UGCommC 118 (7 November 2023)

Court

Commercial Court of Uganda

Case number

Taxation Reference 1 of 2023

Judge

Kahigi Asiimwe, J

The court found that Regulation 42 of the Advocates (Remuneration & Taxation of Costs) Regulations only permits separate bills of costs where separate proceedings have been taken and such proceedings are deemed necessary by the taxing officer. In this case, there was no evidence of separate proceedings for each appellant, despite individual instructions. The Supreme Court authority clarified that counsel may not file more than one bill of costs unless the statutory requirements are met. The taxing officer's decision to allow separate bills was therefore procedurally improper and contrary to t…

Source excerpt

• Taxation Of Costs
• Advocate Remuneration
• Bill Of Costs
• Procedural Irregularity

Muwema v Attorney General

Muwema v Attorney General (Constitutional Petition 13 of 2015) [2021] UGCC 47 (22 July 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 13 of 2015

Judge

Kiryabwire, JCC, Musoke, JCC, Obura, JCC, Monica K. Mugenyi, JCC, Kasule, Ag JCC

The Constitutional Court held that the prohibition of Contingent Fee Agreements (CFAs) under Section 55(1)(b) of the Advocates Act and Regulation 26 of the Professional Conduct Regulations does not contravene any provision of the 1995 Constitution. The Court found that the right to practice a profession is subject to lawful regulation by Parliament, which has the constitutional authority to regulate the legal profession in the public interest. The principle of freedom of contract is not absolute and is not expressly protected by the Constitution. The impugned provisions do not violate the rig…

Source excerpt

• Advocate Remuneration
• Contingent Fee Agreements
• Maintenance And Champerty
• Access To Justice
• Freedom Of Contract
• Professional Misconduct

Okumu & 9 Others v Uganda Electricity Transmission Company & 5 Others

Okumu & 9 Others v Uganda Electricity Transmission Company & 5 Others (Civil Appeal No. 28 of 2017) [2020] UGCA 2074 (20 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 28 of 2017

Judge

Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal upheld the High Court's dismissal of the suit on all preliminary objections. The court found that the failure to join the Attorney General and beneficiaries rendered the suit incompetent, as their rights would be affected without being heard, violating the audi alteram partem principle. The suit was barred by res judicata, as the issues had already been substantially decided in previous consolidated suits involving the same parties or their representatives. The appellants lacked locus standi because the authorized representatives had already compromised the matter, and any…

Source excerpt

• Representative Suits
• Res Judicata
• Locus Standi
• Consent Judgment
• Court Jurisdiction
• Advocate Remuneration

Ssemakula v Law Council Disciplinary Committee and Another

Ssemakula v Law Council Disciplinary Committee and Another (Civil Appeal 169 of 2016) [2018] UGHCCD 215 (17 June 2018)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 169 of 2016

Judge

Musa Ssekaana, J

The High Court dismissed an appeal challenging execution of a Law Council disciplinary ruling and upheld orders for refund, costs, fee reduction, and suspension.

• Execution Of Decree
• Advocate Remuneration
• Professional Misconduct
• Costs And Disbursements
• Abuse Of Court Process
• Execution-of-decree

Kazina v Nakkazi (Taxation Appeal No. 34 of 2014)

Kazina v Nakkazi (Taxation Appeal No. 34 of 2014) [2015] UGCommC 84 (12 June 2015)

Court

Commercial Court of Uganda

Case number

Taxation Appeal No. 34 of 2014

The High Court set aside a taxation award for conveyancing fees, holding the wrong schedule was used because the sale was not completed.

• Taxation Of Costs
• Advocate Remuneration
• Conveyancing Fees
• Practising Certificate Requirements
• Interpretation Of Statutory Schedules
• Taxation-of-costs

Muwema & Mugerwa Co. Advocates v National Water & Sewerage Corporation (Misc Application 536 of 2012)

Muwema & Mugerwa Co. Advocates v National Water & Sewerage Corporation (Misc Application 536 of 2012) [2013] UGHCCD 22 (15 February 2013)

Court

HC: Civil Division (Uganda)

Case number

Misc Application 536 of 2012

The High Court dismissed an advocate’s application for a charging order against National Water & Sewerage Corporation, holding the corporation was not liable under the fee agreement.

• Charging Order
• Advocate Remuneration
• Contractual Liability
• Costs Award
• Representative Suit
• Advocate-remuneration

Uganda Development Bank v Oil Seeds Uganda Limited (Misc. Appl. No. 610 of 1997)

Uganda Development Bank v Oil Seeds Uganda Limited (Misc. Appl. No. 610 of 1997) [1999] UGHC 62 (16 June 1999)

Court

High Court of Uganda

Case number

Misc. Appl. No. 610 of 1997

Judges

Ntabgoba, PJ

Appeal against taxation of costs dismissed; the High Court upheld instruction fees based on a determinable subject matter and awarded costs to the respondent.

• Taxation Of Costs
• Instruction Fees
• Arbitration Award Challenge
• Advocate Remuneration
• Party To Party Costs
• Taxation-of-costs

In Re: Archer and Wilcock

In Re: Archer and Wilcock (Miscellaneous Civil Application No. 13 of 1955) [1955] EACA 12 (1 January 1955)

Court

East African Court of Appeal

Case number

Miscellaneous Civil Application No. 13 of 1955

Judge

Cram J

The court held that the work done by the advocates in preparing a divorce petition, although no petition was filed in Kenya, constituted contentious business because the nature and quality of the work were such that, had proceedings been instituted, the costs would have been taxed on the contentious business scale. The endorsement by the client on the bill of costs, signed and dated, amounted to a valid agreement in writing under section 59 of the Advocates Ordinance, 1949, even though not signed by the advocate. By virtue of section 63, the existence of such an agreement ousted the jurisdict…

Source excerpt

• Advocate Remuneration
• Contentious Business Definition
• Costs Agreement
• Taxation Of Costs
• Procedure For Allowance Of Agreement

B.E.A Corporation Ltd v Kanji and Another

B.E.A Corporation Ltd v Kanji and Another (Civil Appeal No. 12 of 1940) [1940] EACA 6 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Appeal No. 12 of 1940

Judge

Hayden J, Sheridan CJ, Whitley CJ

The Court of Appeal for Eastern Africa held that no appeal lay from a judge’s decision on a taxation reference under Rule 7 of the 1916 Rules.

• Appeal Rights
• Taxation Of Costs
• Advocate Remuneration
• Statutory Interpretation
• Appeal-rights
• Taxation-of-costs

Official Receiver v Colonial Blanket Syndicate

Official Receiver v Colonial Blanket Syndicate (Bankruptcy Cause No. 31/1936) [1936] EACA 132 (1 January 1936)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 31/1936

Judge

Webb, J

The Registrar was correct to limit the recoverable costs against the unsuccessful defendants to the amount the Official Receiver was himself liable to pay his advocate, as established by their agreement. Costs are an indemnity, not a penalty or bonus, and the successful party cannot recover more than his actual liability. The Registrar's jurisdiction includes assessing whether the work was done and was necessary, and he is entitled to consider the agreement between the advocate and the Official Receiver. Strict compliance with Bankruptcy Rule 83 is required, and the parties to the litigation…

Source excerpt

• Taxation Of Costs
• Party And Party Costs
• Bankruptcy Proceedings
• Advocate Remuneration