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Uganda decisions
Decisions matching the current search
Mugisha v Aston Kajara and Another (Civil Appeal 2 of 2024) [2024] UGHC 1045 (21 October 2024)
High Court appeal from taxation proceedings partially succeeded: the court reduced instruction fees, upheld service, and struck out the improperly joined first respondent.
Mugisha v Kajara and 2 Others (Taxation Reference 313 of 2019) [2024] UGCA 5 (19 January 2024)
The Court found that the advocates in personal conduct at the Court of Appeal possessed valid practicing certificates, and thus costs could be awarded for their services. The Taxing Officer's award of instruction fees was manifestly excessive given the appeal was dismissed on a technicality and did not proceed to a full hearing. The Court applied the principles under the Court of Appeal Rules and relevant case law, determining that a reasonable instruction fee in the circumstances was Ugx 5,000,000, with transport and disbursements set at Ugx 1,709,000. The reference was allowed, the excessiv…
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Birihariiwe v Bright Amooti (HCT-01-CV-CA 42 of 2022) [2023] UGHCCD 104 (17 April 2023)
The High Court struck out an appeal from the Assistant Registrar because it was filed out of time without leave, making it incompetent.
Hon. Lokeris v Komol and Another (Election Petition Appeal No. 9 of 2021) [2022] UGCA 183 (1 July 2022)
The Court of Appeal held that the expiry of an advocate's practicing certificate does not, by itself, terminate the commission as Commissioner for Oaths. Therefore, affidavits commissioned by an advocate whose practicing certificate had expired, but who had not ceased to practice, are not invalid solely for that reason. The trial judge erred in holding otherwise and in dismissing the petition on that ground. However, the court also held that Section 14A of the Advocates Act, which allows rectification of defects caused by advocates without valid practicing certificates, does not apply to the…
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Nyakecho v Electoral Commission and Another (Election Petition Appeal No. 14 of 2021) [2022] UGCA 158 (1 June 2022)
The Court of Appeal found that the trial judge erred in admitting and relying on the Chief Registrar's letter regarding the status of the commissioner for oaths without proper evidentiary procedure and without affording the appellant an opportunity to rebut its authenticity. The letter was not properly introduced into evidence, lacked certification, and its authenticity was contested. The court held that this violated principles of natural justice and rendered the decision void. Furthermore, the court clarified that the remedial provisions of Section 14A of the Advocates Act do not apply to a…
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Ossiya v Koluo and Another (Election Petition No. 2 of 2021) [2021] UGHCEP 40 (6 September 2021)
The petition was filed with an affidavit commissioned by an advocate who did not possess a valid practicing certificate at the time, as the grace period for renewal had expired on 1st March 2021 and the commissioning occurred on 10th March 2021. This contravened Rule 4(8) of the Parliamentary Elections (Interim Provisions) Rules and Section 2 of the Commissioner for Oaths (Advocates) Act, rendering the affidavit and consequently the petition incurably defective. The defect is a failure to comply with a mandatory statutory requirement, which is fatal and cannot be cured by Article 126(2)(e) of…
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Kasule v Fina Bank (U) Ltd & Anor (Civil Revision No. 5 of 2015) [2015] UGHCLD 43 (16 December 2015)
The High Court overruled preliminary objections to a revision application, holding that an advocate’s affidavit was not invalid for lack of a current practising certificate and was not hearsay.
Punjab Motors Limited v Njuba (Civil Appeal 29 of 1998) [1999] UGCA 40 (16 February 1999)
The Court of Appeal upheld taxed costs for an advocate, finding the appellant failed to prove lack of a practicing certificate and that no separate suit was required.
