Form A (Rule 42)
Notice of motionIn the Supreme Court of Uganda at _______________________________________________________Criminal/Civil¹ Application No. ______________ of ________________, 20 ___________________In the matter of an intended appeal/Criminal/Civil Appeal No.¹___________________ of ____________________________, 20 ______________between______________________________________________________________________________________, Applicantand______________________________________________________________________________________, Respondent(Appeal from the ___________________________________________________________________________² of the Court of Appeal of Uganda at ________________________________________________________________ before Honourable Justice/Justices of Appeal ____________________________________________________)dated __________________________________, 20 _________________________________, in ______________________Criminal/Civil Application/ Appeal No.¹ ______________________________ of ___________, 20____________Take notice that on the day of ________________, 20 _____, at ____________ o'clock in the morning/afternoon¹ or as soon after that as he/she can be heard, _________________________________, advocate for the above-named applicant, will move the court/judge of the court¹ for an order that __________________________________________________________________________________ on the grounds that ______________________________________________________________________________ and for an order that the costs of and incidental to this application abide the result of the appeal.³ The application will be supported by the affidavit of _________________________________ sworn on the day of ______________, 20___.The address of service of the applicant is __________________________________________________________________Dated this _____________________________________ day of ______________, 20_____Applicant/Advocate for the ApplicantLodged in the registry on the _____________________ day of _________________, 20 ________________Registrar¹Delete inappropriate words.²Insert conviction, sentence, judgment, order, or as the case may be.³Amend as necessary.
Form B (Rule 56)
Notice of appeal
(Heading as in the proceedings appealed from)Take notice that ____________________________________________________________________ appeals to the Supreme Court of Uganda against the decision of the Honourable Justice/Justices ______________________________________________________________ given at ________________________________________ on the ___________________________ day of______________, 20___, by which the appellant was convicted of and sentenced to __________________________________________________/the accused was acquitted¹.The appeal is against conviction only/conviction and sentence/sentence only/acquittal¹.The appellant intends/does not intend¹ to be present at the hearing of the appeal.The address for service of the appellant is _____________________________________________________Dated this __________________ day of______________, 20_____Appellant/Advocate for the Appellant(Retained only to prepare this notice/Retained to appear at the hearing of the appeal/Assigned to appear at the hearing of the appeal¹.)To: The Registrar of the Court of Appeal _________________________________________________________________Lodged in the Court of Appeal at ________________________________________________________________________on the _____________________________ day of______________, 20_____Registrar¹Delete inappropriate words or amend as necessary.
Form C (Rule 62)
Memorandum of appealIn the Supreme Court of Uganda at __________________________________________________________________Criminal Appeal No. __________________________ of 20 _________________between___________________________________________________________________________________________________, Appellantand____________________________________________________________________________________________________, Respondent(Appeal from a _________________________________________________________________________¹ of the Court of Appeal at _____________________________________________________________________________ before the Honourable Justice/Justices ________________________________________________________dated the day of ________________, 20 ______, in Criminal Case/Appeal No. __ of 20 ____________)_______________________________________________________________________________, the above-named appellant, appeals to the Supreme Court against the above-mentioned decision, by which the appellant was convicted of ______________________________________________________________________________ and sentenced to __________________________________________________________________ /the accused was acquitted², on the following grounds —1. _____________________________________________________________________________________________2. __________________________________________________________________________________________________, etc.Appellant/Advocate for the AppellantTo: The Honourable Justices of the Supreme CourtLodged in the registry ______________________________________ at on the ________________ day of ______________, 20 _____________Registrar¹Insert conviction, sentence, order, or as the case may be.²Delete inappropriate words
Form D (Rule 72)
Notice of appeal
(Heading as in proceedings appealed from)Take notice that __________________________________________________ being dissatisfied with the decision of the Honourable Justice/Justices ___________________________ given at ___________________________________________ on the __________________________________ day of ______________, 20 ___, intends to appeal to the Supreme Court against the whole of the decision/such part of the decision as decided that¹,².The address of service of the appellant is _________________________________________________It is intended to serve copies of this notice on³ __________________________________________Dated this _________________________ day of ______________, 20_____Respondent/Advocate for the RespondentTo: The Registrar of the Court of Appeal at _Lodged in the Court of Appeal at __________________________ this ______________________ day of ______________, 20 ______________________Registrar¹Delete as appropriate.²Specify part complained of.³Copies of the notice should be served on all persons directly affected by the appeal.
Form E (Rule 76)
Notice of address for service
(Heading as in proceedings appealed from)Take notice that the address for service of __________________________, a respondent served with notice of appeal, is _________________________________Dated this _____________________________ day of ______________, 20_____Respondent/Advocate for the RespondentTo: The Registrar/Registrar of the Court of Appeal at _____________________________________________Copies to be served on __________________________________________________________________________Lodged in the registry at __________________________________ on the ___________________ day of ______________, 20 __________________Registrar
Form F (Rule 82)
Memorandum of appealIn the Supreme Court of Uganda at ________________________________________________Civil Appeal No. _____________________________ of 20 ______________________________between___________________________________________________________, Appellantand___________________________________________________________, RespondentAppeal from a _____________________________________________¹ of the Court of Appeal at.before Honourable Justice/Justices ______________________________________________ dated the _____________ day of _______________, 20 _____________, in Civil Case/Civil Appeal/Bankruptcy Cause/Matrimonial Cause/Constitutional Cause/Miscellaneous Cause² No. _____________ of ___________, 20 _________________________________________________, the above-named appellant, appeals to the Supreme Court against the whole/part³ of the above-mentioned decision on the following grounds—1. __________________________________________________________2. ___________________________________________________________, etc.It is proposed to ask the court for an order that⁴ __________________________________________________Appellant/Advocate for the AppellantTo: The Honourable Justices of the Supreme Court.Copies to be served on __________________________________________________Lodged in the registry at _____________________________________________ on the _________________ day of ______________, 20 _______________Registrar¹Insert conviction, sentence, order, or as the case may be²Delete as appropriate³Specify part complained of⁴Set out order which it is intended to ask court to make
Form G (Rule 87)
Notice of cross-appeal
(Heading as in Form F)Take notice that on the hearing of this appeal, the above-named respondent will contend that the above-mentioned decision ought to be varied or reversed to the extent and in the manner and on the following grounds—1. ________________________________________________________________2. ________________________________________________________________, etc.It is proposed to ask the court for an order that¹ ______________________________________________________________It is intended to serve copies of this notice on ________________________________________________________________Dated this _____________________ day of ______________, 20_____Respondent/Advocate for the RespondentTo: The Honourable Justices of the Supreme Court of UgandaLodged in the registry at _______________________________ this ____________________________ day of ______________, 20 _______________Registrar¹Set out order which it is intended to ask court to make
Form H (Rule 88)
Notice of grounds for affirming the decision
(Heading as in Form F)Take notice that on the hearing of this appeal, ___________________, the above-named respondent, will contend that the above-mentioned decision ought to be affirmed on grounds other than those relied upon by the High Court, namely—1. ____________________________________________________2. ____________________________________________________, etcIt is intended to serve copies of this notice on ___________________________________________________Dated this ___________________ day of ______________, 20 _______________Respondent/Advocate for the RespondentTo: The Honourable Justices of the Supreme Court of UgandaLodged in the registry at ________________________________ on the ______ day of ____________, 20 ___________Registrar
Form I (Rule 33)
(Heading as in Form F)In court ______________________________________________________________Before ________________________________________________________________This appeal coming on for hearing this ________________________ day of ___________________, 20 ______________, in the presence of ___________________________________________ when the appeal was stood over for judgment and this appeal coming for judgment this day.¹It is order that—1. ______________________________________________________________________2. ______________________________________________________________________, etc.And it is ordered² _______________________________________________________Dated this ________ day of _________, 20 __________Extracted on _____________________________________________________________Registrar¹Delete when not appropriate²As to costs
Form J (Rule 33)
(Heading as in Form F)Before ____________________________________________ in chambers/in court¹ __________________________________________________ upon hearing ________________________________ and upon reading the affidavit of _________________________________________ filed in this court on the _______________________________________ day of ______________, 20___.It is ordered that ___________________________________________ and that the costs of this application be ________________________________________________Dated this ____________________________ day of ______________, 20 ______________________Extracted on _____________________________________________________Registrar¹Delete inappropriate words
Second Schedule (Rule 99)
Part I – Fees in connection with applications
|1. Upon lodging a notice of motion
|2. Upon lodging an affidavit, other than an affidavit annexed to a notice of motion
|3. Upon giving notice under rule 52(1) of the Judicature (Supreme Court) Rules
Part II – Fees in connection with first, second or third criminal appeals
|4. Upon lodging a notice of appeal from the High Court in its second appellate jurisdiction
5. For preparing the record of appeal, for each folio or part of it—(a) for the first copy(b) for each additional copy
|6. All fees in items 4 and 5 of this Schedule shall be enhanced by 250 shillings on third appeals to the Court of Appeal.|
|7. All fees in items 4 and 5 of this Schedule shall be enhanced by 250 shillings on third appeals to the Supreme Court.|
Part III – Fees in connection with first or second civil appeals from the Court of Appeal
|8. Upon lodging a notice of appeal
|9. Upon lodging a notice of address for service or a notice of change of address
10. Upon lodging a memorandum of appeal—(a) against an interlocutory decision(b) against a final decision—(i) where the appeal is against an award of money or the refusal to make such an award or against a decision as to the ownership of or entitlement to the possession of property, if the amount of money (exclusive of any interest awarded on it) or the value of the property —(A) does not exceed 100,000 shillings(B) exceeds 100,000 shillings, for the first 20,350 shillings 4,000 shillings and for each subsequent 50,350 shillings or part thereof up to 420,000 shillings, 2,350 shillings and for each subsequent 50,000 shillings or part thereof 1,350 shillings but so that the fee shall not exceed 120,000 shillings(ii) in any other case 4,000 shillings with an additional fee of 4,000 shillings for each day or part of a day of hearing after the first but so that the fee shall not exceed 120,000 shillings
|11. Upon lodging a notice of cross-appeal
|12. Upon lodging a notice of grounds for affirming the decision
|13. Upon lodging a notice withdrawing an appeal, or a notice of grounds for affirming the decision
Part IV – Fees in connection with third civil appeals from the Court of Appeal
All fees in items 8, 9, 10, 11, 12 and 13 ofthis Schedule shall be enhanced by 250 shillings except that in item 10, the fees shall not exceed 150,000 shillings.
Part V – Miscellaneous
14. For serving any document in connection with any civil appeal or application, in addition to all necessary expenses of travel—(a) where the person to be served resides or has his or her place of business within the city or town where the registry or subregistry of the court is situated(b) in any other case
|15. For sealing an order in any civil appeal or application
16. For preparing certified copies of any document, for each folio or part of it—(a) for the first copy(b) for each subsequent copy
|17. For grant of a licence under rule 26 of the Judicature (Supreme Court) Rules and a further 2,000 shillings for each day or part of a day of the hearing after the first
|18. Upon applying to inspect the proceedings of any application or appeal that has been determined
Part VI – Fees in connection with the taxation of costs
|19. Upon lodging a bill of costs for taxation
|20. For the certificate of the result of a taxation
|21. Upon applying for a reference under rule 106 of the Judicature (Supreme Court) Rules
Third Schedule (Rule 105)
Taxation of costs
In this Schedule, a folio means one hundred words, and a single figure or a group of figures up to seven shall count as one word.
2. Lodging and service of bill of costs
(1)Where costs are to be taxed, the advocate for the party to whom the costs were awarded shall lodge his or her bill with the taxing officer and shall, before, or within seven days after, lodging it, serve a copy of it on the advocate for the party liable to pay it.(2)A bill of costs shall be lodged as soon as practicable after the making of the order for costs and not later than twenty-one days after a request in writing for it by the party liable, or such further time as the registrar may allow.(3)A bill of costs may not be lodged by an advocate who is not on the record.
3. Form of bill
(1)A bill of costs shall be entitled and filed in the proceedings and shall be prepared in five columns as follows—(a)the first or left-hand column for the dates of the items;(b)the second column for the serial numbers of the items;(c)the third column for the particulars of the services charged for;(d)the fourth column for the professional or scale charges; and(e)the fifth column for the taxing officer's deductions.(2)Every bill of costs shall be endorsed with—(a)the name and address of the advocate lodging the bill;(b)the name and address of every party to be served or his or her advocate; and(c)a certificate signed by the advocate lodging the bill that the number of folios, in respect of any item in the bill charged for by the folio, is correct; and if the certificate is found to be incorrect, the item may be disallowed.(3)Every bill of costs shall be endorsed, at the end of it with a form of certificate for signature by the taxing officer certifying the result of the taxation.
(1)Disbursements shall be shown separately at the foot of the bill of costs.(2)Receipts for all disbursements shall be produced to the taxing officer at the time of taxation.(3)No disbursement shall be allowed which has not been paid at the time of taxation.
5. Bills not to be altered after lodging
No alteration or addition to a bill of costs once lodged shall be made except by consent of the parties or by permission of the taxing officer or a judge.
6. Notice of taxation
When a bill of costs has been lodged, the taxing officer shall issue a notice to all parties concerned or their advocates giving the date, time and place at which the bill will be taxed.
7. Time and adjournment
The taxing officer may limit or extend the time for any proceedings before him or her, and adjourn the proceedings from time to time and from place to place.
8. Failure to attend taxation
If any party or advocate who has been duly served with a notice of taxation fails to appear at the date and time specified in the notice, the taxing officer may proceed to tax the bill notwithstanding the absence of the party or the advocate.
9. Quantum of costs
(1)The fee to be allowed for instructions to make, support or oppose any application shall be a sum that the taxing officer considers reasonable but shall not be less than one thousand shillings.(2)The fee to be allowed for instructions to appeal or to oppose an appeal shall be a sum that the taxing officer considers reasonable, having regard to the amount involved in the appeal, its nature, importance and difficulty, the interest of the parties, the other costs to be allowed, the general conduct of the proceedings, the fund or person to bear the costs and all other relevant circumstances.(3)The sum allowed under subparagraph (2) of this paragraph shall include all the work necessarily and properly done in connection with the appeal and not otherwise chargeable, including attendances, correspondence, perusals and consulting authorities.(4)Other costs shall, subject to paragraphs 10, 11 and 12 of this Schedule, be awarded in accordance with the scale set out in the following paragraphs or, in respect of any matter for which no provision is made in those scales, in accordance with the scales applicable in the High Court.
10. Fees for drawing documents
The fee for drawing a document shall include the preparation of all copies for the use of the party drawing it and for filing and service when only one other party or one advocate for other parties has to be served; but where there are additional parties, fees may be charged for making the necessary additional copies.
11. Taxation of bills
(1)On taxation the taxing officer shall allow such costs, charges and disbursements as appear to him or her to have been reasonably incurred for the attainment of justice; but no costs shall be allowed which appear to the taxing officer to have been incurred through overpayment, extravagance, overcaution, negligence or mistake or by payment of special charges or expenses to witnesses or other persons or by other unusual expenses.(2)In taxing the costs of any civil appeal, the taxing officer shall disallow the costs of any matter improperly included in the record of appeal or in any supplementary record of appeal.
12. Overriding discretion
If, after a bill of costs has been taxed, the taxing officer considers that, having regard to all the circumstances, the total of the bill before signing the certificate of taxation is excessive, he or she may make such a deduction from the total as will, in his or her opinion, render the sum reasonable.
13. Excessive claims
If more than one-quarter of the profit costs claimed is disallowed on taxation, the costs of drawing, filing and serving the bill and of attending taxation shall be disallowed.
14. Setoff of costs
Where a party entitled to receive costs is also liable to pay costs, the taxing officer may tax the costs which that party is liable to pay and adjust them by way of deduction or setoff and direct payment of any balance.
15. Costs of more than one advocate
(1)Costs of more than one advocate shall not be allowed unless the court has so directed.(2)If an advocate has instructed another advocate to appear at the hearing of an appeal, the fee paid to the latter, or so much of it as the taxing officer considers reasonable, may be allowed but so that the total of the fee and the instruction fee allowed to the instructing advocate shall not be greater than it would have been if one advocate only had acted in the matter.(3)Where the court has directed that the costs of two advocates be allowed—(a)where the senior advocate is not a member of the same firm as the advocate on the record, he or she shall be allowed the fee paid to him or her, including fees for attending in court, or so much of it as the taxing officer considers reasonable;(b)where the senior advocate is a member of the same firm as the advocate on record, he or she shall be allowed such fee as would have been allowed in the case of an advocate not a member of that firm; and(c)the advocate on the record shall be allowed the usual instruction, hearing and other fees.(4)The fee paid to another advocate by the advocate on the record shall be shown as a disbursement.
16. Costs where advocates change during proceedings
(1)If there has been a change of advocates, the bill of costs of the first advocate may be annexed to that of the current advocate and the total shown as a disbursement.(2)The bill shall be taxed in the ordinary way, the current advocate being heard on it, but the taxing officer may require the first advocate to attend.
17. Two or more parties
Where the same advocate is employed for two or more parties and separate proceedings are taken by or on behalf of any two of those parties, the taxing officer shall consider in the taxation of that advocate's bill of costs whether the separate proceedings were necessary and proper; and if he or she is of opinion that any part of the costs occasioned by them has been unnecessarily or improperly incurred, then that part shall be disallowed.
18. Costs where trustees defend separately
In taxing the costs between party and party or for payment out of a trust fund of joint executors or trustees who are separately represented, the taxing officer shall, unless otherwise ordered by the court or a judge, allow only one set of costs for those parties, those costs to be apportioned among them as the taxing officer shall think fit.