Kabaka case: Judge slaps fresh tax on costs claims
Kampala.
Justice Henry Peter Adonyo has directed that the bill of costs be taxed afresh before another judicial officer in a case in which a subject, sued the Kabaka of Buganda Ronald Muwenda Mutebi II, challenging compulsory registration of people living on the kingdom land.
Mr Male Mabirizi Kiwanuka sued his king and filed for a bill of costs amounting to Shs10.9b that was to be taxed by High Court deputy registrar, Ms Sarah Langa Siu.
Mr Mabirizi sued the Kabaka but in his judgment of Monday, Justice Adonyo faulted deputy registrar Langa for having disqualified herself from taxing Mabirizi’s bill of costs application but later, made a U-turn and delivered her decision that was against him.
“Therefore, the learned deputy registrar having rendered herself functus officio as soon as she wrote, signed and dispatched her recusal letter could not purport to take any further action in a matter while under that status and if she did any act, then such an act would be of no legal effect,” ruled Justice Adonyo
“Consequently, I would set her ruling aside and order that the bill of costs be sent back to the court below and be placed before another taxing master for consideration.” Justice Adonyo added.
The judge also awarded reasonable costs to Mr Mabirizi for succeeding in this appeal.
The ruling
This ruling arose from the main case in which Mabirizi sued the Kabaka, challenging the compulsory process of registering people living on the kingdom land, also known as the Kabaka’s land.
Justice Patricia Basaza had in this main case in June last year, ordered the Kabaka to produce, among others, bank statements of all the money the Mengo administration had collected from people living on the kingdom land.
The recovery documents were to be handed over to Mr Mabirizi for inspection and internalisation to enable him prosecute his main case effectively. But being aggrieved with Justice Basaza’s directives, the Kabaka through his lawyers, appealed before the Court of Appeal but in the meantime asked Justice Basaza to halt the execution of her orders.
Indeed, Justice Basaza stayed the execution of her orders of availing Mr Mabirizi with all the bank details but in the process, she awarded him costs.
It’s from this directive that Mr Mabirizi filed for a bill of costs amounting to Shs10.9b with the lawyers of the Kabaka, challenging Mabirizi’s filing for professional fees, terming them as illegal since he was not an advocate.
During the taxation session of the same bill of costs, there was a disagreement between Mr Mabirizi and presiding deputy registrar, Ms Langa.
To that effect, registrar Langa disqualified herself from further handling Mr Mabirizi’s bill of costs.
“This is to inform you that I have recused myself from your case. I am forwarding the file to the Chief Registrar for further management,” deputy registrar Langa wrote to the parties late last year.
The U-turn.
But Ms Langa made a U-turn and in January this year when she returned and read out her ruling in which she rejected Mabirizi’s bill of costs.
“All in all, the preliminary objection succeeds in part, the professional fees that are illegal claimed by the respondent are disallowed. The taxation of the items that constitute disbursements is stayed pending the determination of the head suit,” Ms Langa ruled.
Dissatisfied. Mr Mabirizi being dissatisfied with the U-turn made by registrar Langa, successfully appealed with Justice Adonyo, faulting her for the U-turn before terming her behaviour as “judicial amnesia”.
