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Case Law[2018] UGSC 33Uganda

Muwanga Kivumbi v Attorney General (Civil Reference 38 of 2017) [2018] UGSC 33 (28 July 2018)

Supreme Court of Uganda

Judgment

# Muwanga Kivumbi v Attorney General (Civil Reference 38 of 2017) [2018] UGSC 33 (28 July 2018) [ Share this document on WhatsApp opens in new tab __](https://api.whatsapp.com/send?text=Muwanga+Kivumbi+v+Attorney+General+%28Civil+Reference+38+of+2017%29+%5B2018%5D+UGSC+33+%2828+July+2018%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F2018%2F33%2Feng%402018-07-28) [ Share this document on X opens in new tab __](https://twitter.com/intent/tweet?text=Muwanga+Kivumbi+v+Attorney+General+%28Civil+Reference+38+of+2017%29+%5B2018%5D+UGSC+33+%2828+July+2018%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F2018%2F33%2Feng%402018-07-28) [ Share this document on Facebook opens in new tab __](https://www.facebook.com/sharer/sharer.php?u=https://ulii.org/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28) [ Share this document on LinkedIn opens in new tab __](https://www.linkedin.com/sharing/share-offsite/?url=https://ulii.org/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28) [ Share this document by email __](mailto:?subject=Take%20a%20look%20at%20this%20document%20from%20ULII:%20Muwanga%20Kivumbi%20v%20Attorney%20General%20\(Civil%20Reference%20%E2%80%A6&body=https://ulii.org/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28) __Save [ Download PDF (2.5 MB) ](/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28/source) Report a problem ##### Is there something wrong with this document? Problem category *Incorrect informationMissing informationNo PDF downloadDocument is emptyDocument is not accessible on my deviceOther What's the problem? * Your email address * CancelReport problem __ * Share * [ Download PDF (2.5 MB) ](/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28/source) * * * * * Report a problem __ ##### Muwanga Kivumbi v Attorney General (Civil Reference 38 of 2017) [2018] UGSC 33 (28 July 2018) Copy citation __Save * __Document detail * __Related documents * __Citations \- / 1 Citation Muwanga Kivumbi v Attorney General (Civil Reference 38 of 2017) [2018] UGSC 33 (28 July 2018) Copy Media Neutral Citation [2018] UGSC 33 Copy Court [Supreme Court of Uganda](/en/judgments/UGSC/) Case number Civil Reference 38 of 2017 Judges [Opio-Aweri, JSC](/en/judgments/all/?judges=Opio-Aweri%2C%20JSC) Judgment date 28 July 2018 Language English Summary ###### Flynote * CL|Taxation of Bill of Costs Read full summary ###### Case summary The appellant sought a declaration against the respondent that the Constitutional Court erred in refusing to award the appellant costs as a successful party and that it also based that refusal to award costs on incorrect principles. The reference on taxation can be made to the Supreme Court on two grounds namely; on a matter of law or principle or on the ground that the bill of costs as taxed is in all circumstances manifestly excessive or manifestly inadequate. The court held that there was no principle of law to the effect that the decision of the taxing officer must be subjected to the application of a ‘magic formula’ which when applied would result in a precise figure being arrived at in an almost automatic manner. Every case must be decided on its own merits and its peculiar circumstances, such as prolixity of the case in its preparation and any other peculiar complications in its presentation to the court.  The court held that, due to the difference in cases, uniformity and consistency may at times be defeated. Moreover, other factors ought to be considered by the taxing master. The fund or person bearing the costs must be considered before setting the award. A balance has to be struck between keeping the costs of litigation as reasonable as possible so as not to restrict access to court to only the wealthy, and the need to allow reasonable level of remuneration of advocates to attract worthy recruits to the profession. In the result, the application was upheld. ###### Order __ ##### Ask AI Ask questions and understand this document faster using AI. __Ask AI * * * Skip to document content **Loading PDF...** 100% This document is 2.5 MB. Do you want to load it? Load document ##### Error loading PDF Try reloading the page or downloading the PDF. Reload page [Download PDF](/en/akn/ug/judgment/ugsc/2018/33/eng@2018-07-28/source.pdf) Error: #### __Related documents #### More documents like this one __Suggestions generated by AI. This feature is not currently available. ▲ To the top >

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