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21 Dec 2017

Civil Procedure [2017] UGHCCD 179

Afayo & Anor v Inzio

Afayo & Anor v Inzio (CIVIL APPEEAL No. 0023 OF 2017) [2017] UGHCCD 179 (21 December 2017)

Court: HC: Civil Division (Uganda)
Case number: CIVIL APPEEAL No. 0023 OF 2017
Judge: Stephen Mubiru, J

The court found that the Taxing Officer failed to provide any reasons or explanation for the awards made in both the party and party bill of costs and the bailiff's bill of costs. This lack of reasoning constitutes a material error of law, as it deprives the parties, especially the losing party, of the ability to understand the basis of the decision and to assess the prospects of an appeal. The absence of reasons also undermines the fairness and transparency required in judicial decision-making. Consequently, the awards cannot stand and must be set aside. Both bills of costs are remitted to t…

Source excerpt

Taxation Of Costs
Duty To Give Reasons
Party And Party Bill
Bailiff Costs
Execution Proceedings

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17 Nov 2014

Civil Procedure [2014] UGHCEBD 6

Buwembo Sarah Kakumba v Samuel Kiwanuka & Anor

Buwembo Sarah Kakumba v Samuel Kiwanuka & Anor (Civil Appeal No. 1670 of 2013) [2014] UGHCEBD 6 (17 November 2014)

Court: High Court: Execution and Bailiffs Division (Uganda)
Case number: Civil Appeal No. 1670 of 2013

The court held that the issuance of a warrant of arrest for committal to civil prison without first issuing a notice to show cause was a breach of the fundamental rule of natural justice. The Registrar's action was unlawful, and the warrant was set aside. The bailiff's entitlement to costs arises only for lawful execution, and since the process was unlawful, the judgment debtor (appellant) could not be made to bear those costs. Instead, the judgment creditor (1st respondent), who initiated the unlawful process, must pay the bailiff's taxed costs. The taxation of the bailiff's bill of costs wa…