Mulago Hill Diagonostics Limited v National Water & Sewerage Corporation (Civil Appeal 38 of 2022) [2024] UGHCCD 73 (4 March 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal 38 of 2022
Judge
Baguma, J
The High Court upheld the cancellation of a procurement process and dismissed the appeal, holding that the entity could not be forced to continue and no costs were due.
Nakalyango Vs Nakasolya (Election Appeal No. 03 of 2017) [2019] UGCA 13 (25 March 2019)
Court
Court of Appeal of Uganda
Case number
Election Appeal No. 03 of 2017
The Court of Appeal held that while the High Court Judge was correct in upholding the nullification of the election due to substantial irregularities affecting the integrity of the results, she erred in ordering the appellant to pay 50% of the costs in the lower Court without providing reasons. The appellate court found that the irregularities were attributable to the Electoral Commission, not the appellant, and that no electoral offence was committed by her. The discretion to award costs must be exercised judiciously and with reasons, and in the absence of any wrongdoing by the appellant, it…
Twinobusingye v Attorney General (Constitutional Reference No. 27 of 2013) [2018] UGCC 2 (30 April 2018)
Court
Constitutional Court of Uganda
Case number
Constitutional Reference No. 27 of 2013
Judge
Kakuru, JA
The court held that the principles governing taxation of costs in public interest constitutional petitions require that instruction fees and professional costs be nominal, to avoid deterring future litigants and stifling constitutionalism. The Registrar's award of over Shs. 12 billion was manifestly excessive, unjustified, and contrary to established jurisprudence. The court substituted the instruction fees with Shs. 20 million for lead counsel and Shs. 12 million for assisting counsel, allowed only reasonable disbursements, and disallowed VAT for lack of proof. The total allowed was Shs. 32,…
The Supreme Court held that the slip rule under Rule 36 of the Court of Appeal Rules is limited to correcting clerical or accidental errors and cannot be used to alter deliberate judicial decisions, such as the exercise of discretion in awarding costs. The Constitutional Court's decision to order each party to bear its own costs was a conscious exercise of discretion under Section 27 of the Civil Procedure Act, based on the partial success of the appellant. The appellant failed to demonstrate any clerical error or omission that would justify application of the slip rule. Furthermore, the majo…
The Supreme Court held that costs may be denied after partial success, but the Court of Appeal wrongly reduced general damages and the original award was restored.
