Uganda Case Law

China Forestry International Development Co. Limited v China Shandong Hispeed Uganda Limited

China Forestry International Development Co. Limited v China Shandong Hispeed Uganda Limited (Civil Appeal 11 of 2024) [2024] UGCommC 226 (6 June 2024)

Court

Commercial Court of Uganda

Case number

Civil Appeal 11 of 2024

Judge

Stephen Mubiru, J

The High Court set aside a taxation award for lack of reasons, ordered the bill of costs taxed afresh, and directed a reasoned ruling.

• Taxation Of Costs
• Instruction Fees
• Party And Party Costs
• Advocate Client Costs
• Discretion In Taxation
• Duty To Give Reasons

Angumale & Anor v Dawaru

Angumale & Anor v Dawaru (MISCELLANEOUS CIVIL APPLICATION No. 0002 OF 2018) [2018] UGHCCD 21 (19 March 2018)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CIVIL APPLICATION No. 0002 OF 2018

Judge

Stephen Mubiru, J

The High Court set aside a taxation award because the Taxing Officer gave no reasons, and ordered the bill of costs to be taxed afresh with reasons.

• Taxation Of Costs
• Judicial Discretion
• Duty To Give Reasons
• Taxation-of-costs
• Duty-to-give-reasons
• Judicial-discretion

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

Okoya v Nyayenga

Okoya v Nyayenga (CIVIL APPEAL No. 0029 OF 2017) [2017] UGHCCD 174 (21 December 2017)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0029 OF 2017

Judge

Stephen Mubiru, J

The Taxing Officer failed to provide any reasons for the award of costs, which is a fundamental breach of the duty to give reasons and prejudices the appellant's right to understand the basis of the award and to appeal. The lack of explanation for the quantum and the inclusion of items for activities that did not occur or were duplicated constitutes an error in principle. The appellate court is justified in intervening where the absence of reasons undermines the fairness and transparency of the taxation process. Accordingly, the award is set aside and the bill of costs must be taxed afresh wi…

Source excerpt

• Taxation Of Costs
• Judicial Discretion
• Duty To Give Reasons