HC: Family Division (Uganda) - 2015 February

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2 judgments

Citation	Judgment date
February 2015
Lyazi v S& Anorempa (Miscellaneous Cause No. 02 of 2012) [2015] UGHCFD 15 (10 February 2015) Taxation order set aside where appellant denied fair hearing and taxing officer failed to apply Advocates' taxation rules. Constitutional and civil procedure – right to a fair hearing – party must receive adequate notice and opportunity to be represented at taxation hearings. Advocate–client costs – taxation – application of Advocates (Remuneration and Taxation of Costs) Regulations SI 267-4 – discretion fettered where rules are clear. Civil procedure – misjoinder – striking out improperly joined party in advocate–client taxation proceedings.	10 February 2015
Namugenze v Nabeta (Miscellaneous Applications 127 & 207 of 2014) [2015] UGHCFD 3 (3 February 2015) Consent judgment upheld; parties must agree a court‑supervised distribution schedule and respondent must file final accounts. • Civil procedure – Review of consent judgments – consent orders upheld unless procured by fraud, mistake, misapprehension or contrary to court policy; • Succession law – Revocation of letters of administration – appropriate relief under s.234 Succession Act where administrator omits to exhibit inventory or files untrue accounts; • Estate administration – court‑supervised distribution requires a consent distribution schedule agreed by beneficiaries before court endorsement; • Documentary evidence – uncertified photocopies lack sufficient authenticity for review applications; • Remedies – show‑cause, revocation proceedings or agreed revision of consent order, not unsupported review.	3 February 2015