Mukono High Court Judge Jacqueline Mwondha has overturned the Shs1.5bn bill of costs award which the Administrators of the estate of the prominent city businessman Hajji Muhamad Katimbo had to pay to their former lawyers of Mugisha, Namutale & Co Advocates
Through their new lawyers of Olympia Advocates led by Commercial law giant Derrick Bazekuketa, Hawiya Nabaale Katimbo, Hakim Kasirye and Mariam Nannozi the Administrators of the deceased’s estate challenged the deputy registrar’s ruling of February 2025 on grounds that he erred in facts and law when he failed to apply a particular rule which governs the taxation of costs to a specific item in the bill of costs and make an award on each individual item.
In their submissions, the lawyers told court that the deputy registrar illegally and erroneous taxed the bills in general yet the taxation rulings were not properly titled or reflected the proper taxation applications numbers and proper record for the taxation proceedings reflecting the verbatim of what transpired during the taxation hearing which contravenes the laws
“Therefore, it is necessary to apply each rule to a specific item, cause, or matter in the taxation of costs,” the lawyers submitted
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They further told court that the deputy registrar erred in law and fact when he neglected to state the proper value of the subject matter that guided his award on instruction fees in his rulings noting that his awarding costs were manifestly illegal, high and excessive fees to respondents
However, in their defence, the law firm insisted that whatever the deputy registrar did, he was following the laws and regulations of awarding costs, considering the skills, labour and responsibilities involved in prosecuting the deceased’s legal matters
They stated how they helped the deceased to defend his ownership on the land comprised in Kyaggwe Block 118 plots 18, 21, 23, 24 and 26 land at Kyungu measuring 200 acres and another land at Kangulumira in Kayunga district.
They maintained that the deputy registrar was very lenient to the respondent because he cut their bill of costs by 90%
In her ruling, the judge noted that the principles that govern this type of taxation are well stipulated.
She added that each item in the bill of costs must be considered distinctly with reasons given for allowing or disallowing it. She maintained that instruction fees should reflect the importance, complicity and responsibility involved in the matter warning that it must not be manifestly excessive.
“The amount of research done on a complex case is not the same as in a non-complex one and both advocates cannot be paid the same. It is also noteworthy that just because counsel does research before filing pleadings, it is not itself necessarily indicative of all complexity of the matter as it may well be indicative of the advocate’s unfamiliarity with basic principles of law and such unfamiliarity should not be turned into an advantage against the opponent” the judge stated
The judge explained that by law, the value of a subject matter is very important in assessing the amount of award for instruction fees. She wondered why the deputy registrar oversighted on such a serious principle when handling the said application questioning how the respondents came up with the estimated value which was based on awarding them the Shs1.5bn of costs
“Take for instance Civil Suit 71 of 2020, up perusal of the record, this court noted that the Respondent M/s Mugisha Namutale & Co Advocates drafted a written Statement of Defence dated 19th of June 2020, however, the suit seems to have never been scheduled or heard, the subject matter for the same was never made known in the pleadings. Additionally, the other items charged take for instance where the Registrar awarded Shs1,000,000 for a meeting the counsel had with the client at his office for over six hours. This cost is not justified and the reasons for the award is not explicitly explained how such an amount would come up to be,” the judge wondered.
Furthermore the judge questioned how a registrar could award lawyers Shs400m as instruction fees to oppose an application for a temporary injunction without giving reasons why and another with Shs100m was awarded well knowing that it is clear that instruction fee for such applications is Shs300,000.
She explained that even though the taxing officer had the discretion rights on his decision, the parties also have a right to know the considerations of his discretion upon his decision.
The judge explained that the decision on taxation of costs shouldn’t be too excessive to discourage the public from accessing the courts of law or too low to demoralize new recruits in the professional.
The judge declared that the deputy registrar erred on jurisdiction, itemization, proportionality, proper valuation which renders the taxation orders, rulings, awards and certificates invalid directing another deputy registrar to handle the new bill of costs of the lawyers.
Hajji Katimbo was a business community leader in Kikuubo Kampala city and he was also the prime minister of Mushroom (Obutiiko) clan in Buganda Kingdom.
He died in 2023 and since then, his family has been struggling with individuals and mafias who have severally targeted his multibillion estate situated around the country .
