THE ADVOCATES ACT. 

Statutory Instrument 267—4. 

The Advocates (Remuneration and Taxation of Costs) Rules. 

Arrangement of Rules. 

Rule 

PART I—GENERAL MATTERS. 

1. 
Citation. 
2. 
Application of Rules. 
3. 
Definition of folio. 
4. 
Agreed fee not to be less than scale up to twenty thousand 
shillings. 
5. 
Additional remuneration for exceptional dispatch. 
6. 
Special fee for exceptional importance and complexity. 
7. 
Security from client for advocate’s remuneration. 
8. 
Interest may be charged. 
9. 
Notice of taxation to be given by taxing officer. 
10. 
Taxation of costs as between advocate and client on application 
of either party. 
11. 
Failure of advocate to attend taxation after notice, etc. 
12. 
Taxation procedure contained in Part III to apply to bills under 
Part II. 
13. 
Discretion of taxing officer. 
PART II—NONCONTENTIOUS MATTERS. 

14. 
Scale of charges of advocate in noncontentious matters. 
15. 
Remuneration not to include stamps, auctioneer’s charges, etc. 
16. 
Scale charges—what they include. 
17. 
Scale charges—how calculated. 
18. 
Liberty of advocate to elect for Fifth Schedule. 
19. 
Business falling under more than one category. 
20. 
Definitions and application of First Schedule. 
21. 
Remuneration of vendor’s advocate for conveyance on sale by 
auction. 

22. 
Charges where advocate is concerned for both mortgagor and 
mortgagee or vendor and purchaser. 
23. 
Where building society is mortgagee. 
24. 
Charges where conveyance and mortgage are prepared by one 
advocate. 
25. 
Charges where one document prepared and one approved by one 
advocate. 
26. 
Charges where mortgage in favour of vendor and one advocate 
acting for both parties. 
27. 
Where property is sold subject to incumbrance. 
28. 
Charges for approving draft on behalf of several parties having 
different interests. 
29. 
Application of Second Schedule. 
30. 
Abstract of title furnished by vendor. 
31. 
Lessee to pay lessor’s costs. 
32. 
Charges where advocate is concerned for both vendor and 
purchaser, etc. 
33. 
Where mortgagor or mortgagee joins in a conveyance. 
34. 
Where party other than vendor is represented by a separate 
advocate. 
35. 
Where consideration for conveyance or lease consists partly of 
premium and partly of rent. 
PART III—CONTENTIOUS MATTERS AND TAXATION OF COSTS. 

36. 
Application to contentious matters. 
37. 
Costs in High Court and magistrates courts according to Sixth 
Schedule. 
38. 
Costs may be taxed as between party and party or as between 
advocate and client. 
39. 
No advocate’s costs where suit brought without notice. 
40. 
Registrar to record consent order on payment of filing fee. 
41. 
Costs of more than one advocate to be certified by the judge. 
42. 
Costs where same advocate is employed by two or more plaintiffs 
or defendants. 
43. 
Costs between party and party where joint executors or trustees 
defend separately. 
44. 
Where party entitled to costs fails or refuses to tax. 
45. 
Taxation of costs upon an award. 
46. 
Receiver in insolvency to have notice of taxation. 
47. 
Manner of preparing bill for taxation. 

48. 
Filing bills for taxation. 
49. 
Bills not to be altered after being lodged. 
50. 
Notice of taxation where defendant has not appeared. 
51. 
Vouchers to be produced on taxation. 
52. 
Number of folios on documents charged by the folio. 
53. 
Certificate of taxing officer on bills taxed under a special order 
of the court. 
54. 
Taxing officer may proceed ex parte, etc. 
55. 
Instructions to include attendance on deponent. 
56. 
Where more than one-sixth taxed off. 
57. 
Advocate entitled to charge client according to Sixth Schedule. 
Schedule 
First Schedule Scales of charges on sales, purchases, 
mortgages, and debentures and for 
commission on sales, purchases and loans 
affecting certain land. 
Second Schedule Scales of charges for leases or agreements 
of leases at rack rent and for building 
leases, reserving rent, etc. 
Third Schedule Floatation of companies. 
Fourth Schedule Trademarks, patents and chattels transfer. 
Fifth Schedule Scale of fees in respect of business the 
remuneration for which is not otherwise 
prescribed. 
Sixth Schedule Costs in the High Court and magistrates 
courts. 


THE ADVOCATES ACT. 

Statutory Instrument 267—4. 

The Advocates (Remuneration and Taxation of Costs) Rules. 

(Under section 77(1)(e) of the Act.) 

PART I—GENERAL MATTERS. 

1. Citation. 
These Rules may be cited as the Advocates (Remuneration and Taxation of 
Costs) Rules. 

2. Application of Rules. 
The remuneration of an advocate of the High Court by his or her client in 
contentious and noncontentious matters, the taxation of that remuneration 
and the taxation of costs as between party and party in contentious matters 
in the High Court and in magistrates courts shall be in accordance with these 
Rules. 

3. Definition of folio. 
In these Rules, unless the context otherwise requires, “folio” means one 
hundred words, and in the calculation of a folio, a single figure or a group of 
figures up to five, or an item in accounts, shall be counted as one word. 

4. Agreed fee not to be less than scale up to twenty thousand shillings. 
No advocate shall accept or agree to accept remuneration at less than that 
provided by these Rules except where the remuneration assessed under these 
Rules would exceed the sum of twenty thousand shillings, and in that event 
the agreed fee shall not be less than twenty thousand shillings. 

5. Additional remuneration for exceptional dispatch. 
Where any business requires and receives exceptional dispatch, the advocate 
shall be entitled to receive and shall be allowed such additional remuneration 
as is appropriate in the circumstances, which shall be allowable only as 


between advocate and client. 

6. 
Special fee for exceptional importance and complexity. 
(1) In business of exceptional importance or of unusual complexity, 
an advocate shall be entitled to receive and shall be allowed as against his or 
her client, a special fee in addition to the remuneration provided in these 
Rules. 
(2) 
In assessing that special fee regard may be had to— 
(a) 
the circumstances in which the business or part of the business is 
transacted; 
(b) 
the nature and extent of the pecuniary or other interest involved; 
(c) 
the labour and responsibility entailed; and 
(d) 
the number, complexity and importance of the documents 
prepared or examined. 
7. 
Security from client for advocate’s remuneration. 
An advocate may accept from his or her client and a client may give to his 
or her advocate security for the amount to become due to the advocate for 
remuneration and disbursements in business to be transacted or being 
transacted by him or her and for interest as hereafter provided on such 
amount, but so that interest is not to commence until the amount due is 
ascertained by either agreement or taxation. 

8. 
Interest may be charged. 
An advocate may charge interest at 6 percent per year on his or her 
disbursements and costs, whether by scale or otherwise, from the expiration 
of one month from the delivery of his or her bill to the client. 

9. 
Notice of taxation to be given by taxing officer. 
When a bill of costs has been lodged for taxation, the registrar shall, upon 
payment of the prescribed fee, issue to the party lodging the bill a notice of 
the date and time (being not less than five days after the issue of the notice, 
unless a shorter time is specially allowed by the registrar) fixed for taxation 
of the bill of costs and shall also issue a copy of the notice, accompanied by 
a copy of the bill, to each advocate and other person whose name is endorsed 
on the bill as entitled to receive notice of the taxation, of the bill of costs. 


10. 
Taxation of costs as between advocate and client on application of 
either party. 
(1) The taxing officer may tax costs as between advocate and client 
without any order for the purpose, upon the application of the advocate or 
upon the application of the client, but where a client applies for taxation of 
a bill which has been rendered in summarised or block form, the taxing 
officer shall give the advocate an opportunity to submit an itemised bill of 
costs before proceeding with the taxation, and in that event the advocate shall 
not be bound by or limited to the amount of the bill rendered in summarised 
or block form. 
(2) Due notice of the date fixed for the taxation shall be given to both 
parties, and both shall be entitled to attend and be heard. 
11. 
Failure of advocate to attend taxation after notice, etc. 
Any advocate who, after due notice, fails without reasonable excuse to 
appear on the date and at the time fixed for taxation or on any date and time 
to which the taxation is adjourned or who, in any way, delays or impedes the 
taxation or puts any other party to unnecessary or improper expense relative 
to the taxation shall, on the order of the taxing officer, forfeit the fees to 
which he or she would otherwise be entitled for drawing his or her bill of 
costs and attending the taxation and shall in addition be personally liable to 
pay for any unnecessary or improper expenses to which he or she has put any 
party; and the taxing officer may proceed with the taxation ex parte. 

12. 
Taxation procedure contained in Part III to apply to bills under 
Part II. 
The provisions of Part III of these Rules as to the form and procedure for 
filing and disposal of a bill of costs for taxation shall apply in all appropriate 
respects and so far as practicable to any bill of costs under Part II of these 
Rules which may require to be taxed. 

13. 
Discretion of taxing officer. 
Notwithstanding anything in these Rules, on every taxation the taxing officer 
may allow all such costs, charges and expenses as are authorised in these 
Rules and appear to him or her to have been necessary or proper for the 


attainment of justice or for defending the rights of any party but, except as 
against the party who incurred them, no costs shall be allowed which appear 
to the taxing officer to have been incurred or increased through overcaution, 
negligence or mistake, or by payment of special charges or expenses to 
witnesses or other persons, or by other unusual expenses. 

PART II—NONCONTENTIOUS MATTERS. 

14. 
Scale of charges in noncontentious matters. 
Subject to rule 19 of these Rules, the scale of charges by an advocate in 
respect of conveyancing and general business (not being business in any 
action or transacted in any court or in the chambers of any judge or registrar) 
shall be regulated as follows— 

(a) 
in respect of sales, purchases, mortgages and debentures 
completed, the remuneration shall be that prescribed in the First 
Schedule to these Rules; 
(b) 
in respect of leases, agreements for lease or conveyances 
reserving rents or agreements for the same completed, the 
remuneration shall be that prescribed in the Second Schedule to 
these Rules; 
(c) 
in respect of business in connection with floatation of companies, 
the remuneration shall be that prescribed in the Third Schedule 
to these Rules; 
(d) 
in respect of business in connection with registration of 
trademarks, inventions and designs, the remuneration shall be 
that prescribed in the Fourth Schedule to these Rules; and 
(e) 
in respect of any business referred to in subparagraphs (a) and (b) 
of this rule which is not completed, and in respect of other deeds 
or documents, including settlements and of all other business of 
a noncontentious nature the remuneration for which is not 
hereinbefore provided for, the remuneration shall be that 
prescribed in the Fifth Schedule to these Rules. 
15. 
Remuneration not to include stamps, auctioneer’s charges, etc. 
(1) The remuneration prescribed by the various Schedules to these 
Rules shall not include stamps, auctioneer’s or valuer’s charges, travelling 
or hotel expenses, fees paid on searches in public offices or on registrations, 
costs of extracts from any register, record or roll, or other disbursements 
reasonably and properly paid, but shall include stationery charges and 

allowances for the time of the advocate and his or her clerks, and for copying 
and parchment and all similar disbursements. 

(2) The remuneration prescribed in the First to Fifth Schedules to 
these Rules does not apply to any business of a contentious character or any 
proceedings in court or chambers. 
16. 
Scale charges—what they include. 
(1) Scale charges shall include all work ordinarily incidental to a 
transaction, like in the case of a conveyance, transfer or mortgage, the taking 
of instructions to prepare the necessary deed or document, the investigation 
of title, the preparation or approval of the deed, the settlement of the 
transaction if in the town of the advocate’s practice, the registration of the 
deed and correspondence between the advocate and client. 
(2) Scale charges shall not cover prior negotiations leading up to or 
necessary for the completion of a bargain, the tracing of title deeds, the 
adjudication of stamp duties, extra work occasioned by special circumstances 
or work occasioned by a change of circumstances emerging while an item of 
business is in progress, like the death or bankruptcy of a party to the 
transaction. 
(3) In noncontentious matters, only one-third of the scale 
remuneration shall be allowed for copies of documents which are carbon 
copies. 
17. 
Scale charges—how calculated. 
In the calculation of scale charges the basis of the charge shall, unless 
otherwise provided in the Schedules to these Rules, and irrespective of the 
number of titles involved or documents required to be prepared or approved, 
be the sum set forth in the deed or document as the price or consideration or, 
if no price or consideration is set forth, the value of the subject matter 
affected by the deed, which shall be deemed to be— 

(a) 
the value fixed for the purpose of stamp duty; 
(b) 
the sum at which the property affected has last been passed for 
estate duty; or 
(c) 
the last price at which a sale has taken place within ten years 
from the date of the transaction. 

18. 
Liberty of advocate to elect for Fifth Schedule. 
In all cases to which the scales prescribed in the First to Fourth Schedules to 
these Rules apply, an advocate may, before or contemporaneously with 
rendering a bill of costs, by writing under his or her hand communicated to 
the client, elect that his or her remuneration shall be according to the Fifth 
Schedule to these Rules, but if no such election shall be made, his or her 
remuneration shall be according to the appropriate scale prescribed in the 
First to Fourth Schedules to these Rules. 

19. 
Business falling under more than one category. 
If the business handled by an advocate in the course of any one transaction 
falls under more than one of the categories prescribed in the First to Fourth 
Schedules to these Rules, each item shall be charged for separately according 
to the remuneration prescribed in the Schedule within which it falls, and any 
part of the business not specially provided for by any of the First to Fourth 
Schedules shall be charged for under the Fifth Schedule to these Rules. 

20. 
Definitions and application of the First Schedule. 
(1) Rules 21 to 28 of these Rules shall govern the application of the 
First Schedule to these Rules and shall be applied in sequence, and the words 
“the scales” or words of similar import appearing in any of those rules shall 
be read and construed as meaning the charges prescribed by the First 
Schedule as modified by the provision of any preceding rule. 
(2) In rules 21 to 28 of these Rules, wherever their application so 
requires, the words “conveyance”, “mortgage”, “mortgagor” and 
“mortgagee” shall respectively be read and construed as “transfer” or 
“assignment”, “charge”, “charger” and “chargee”. 
21. 
Remuneration of vendor’s advocate for conveyance on sale by 
auction. 
The remuneration of the vendor’s advocate for perusing and completing a 
conveyance on a sale by auction shall be chargeable on each lot of property, 
except that where property held under the same title is divided into lots for 
the purposes of sale and the same purchaser buys and takes one conveyance 
of more than one lot, the remuneration shall be chargeable on each 
conveyance upon the aggregate prices of the lots contained in such or each 


conveyance. 

22. 
Charges where advocate is concerned for both mortgagor and 
mortgagee or vendor and purchaser. 
(1) Where an advocate is concerned for both mortgagor and 
mortgagee, he or she is to be entitled to charge the mortgagee’s advocate’s 
charges and one-half of those which would be allowed to the mortgagor’s 
advocate. 
(2) When an advocate acts for both vendor and purchaser, he or she 
shall be entitled to charge the purchaser’s advocate’s charges and one-half 
of the vendor’s advocate’s charges. 
23. 
Where building society is mortgagee. 
(1) Where an advocate acting on behalf of a building society makes 
use of a printed or stereotyped form of engrossment or mortgage or 
discharge, the fee payable to the mortgagee’s advocate in respect thereof 
under the above scale shall be reduced by one-quarter. 
(2) For the purposes of this rule, a building society shall be deemed 
to include any association, corporation or company acting in the making of 
an advance or the lending of money on the security of, or for the purposes of, 
purchasing or building, domestic residential property. 
24. 
Charges where conveyance and mortgage are prepared by one 
advocate. 
Where a conveyance and mortgage of the same property are completed at the 
same time and are prepared by the same advocate, he or she shall be entitled 
to charge only one-half of the scale fees for approving the mortgage deed. 

25. 
Charges where one document prepared and one approved by one 
advocate. 
Where a conveyance and mortgage of the same property are completed at the 
same time, an advocate who has prepared one document and approved the 
other shall be entitled to charge only one-half of the scale fees in respect of 
the document which he or she approved. 


26. 
Charges where mortgage in favour of vendor and one advocate 
acting for both parties. 
Where a conveyance and mortgage of the same property are completed at the 
same time and are prepared by the same advocate and the mortgagee is the 
vendor, the advocate shall be entitled to charge only one-half of the scale fee 
prescribed for approving the mortgage deed. 

27. 
Where property is sold subject to incumbrance. 
Where property is sold subject to incumbrances, the amount of the 
incumbrances shall be deemed part of the purchase money for the purpose of 
calculating the charges for the conveyance, except where the mortgagee is 
the purchaser, in which case the charge for the conveyance shall be 
calculated upon the price of the equity of redemption. 

28. 
Charges for approving draft on behalf of several parties having 
different interests. 
If an advocate approves a draft on behalf of several parties having distinct 
but not conflicting interests capable of separate representation, he or she shall 
be entitled to charge the scale fee under the First Schedule to these Rules in 
respect of each of the several parties. 

29. 
Application of the Second Schedule. 
Rules 30 to 35 of these Rules shall govern the application of the Second 
Schedule to these Rules. 

30. 
Abstract of title furnished by vendor. 
Where the vendor or lessor, at the request of the purchaser or lessee, 
furnishes an abstract of title, it shall be charged for according to the Fifth 
Schedule to these Rules. 

31. 
Lessee to pay lessor’s costs. 
In the absence of any agreement as to costs, the costs of a lessor for the 
preparation, completion and registration of a lease and counterpart shall be 
payable by the lessee. 


32. 
Charges where advocate is concerned for both vendor and 
purchaser, etc. 
Where an advocate is concerned for both vendor and purchaser or lessor and 
lessee, he or she shall be entitled to charge the vendor’s or lessor’s 
advocate’s charges and one-half of that of the purchaser’s or lessee’s 
advocate. 

33. 
Where mortgagor or mortgagee joins in a conveyance. 
Where a mortgagor or mortgagee joins in a conveyance or lease, the vendor’s 
or lessor’s advocate may charge four hundred shillings in addition. 

34. 
Where party other than vendor is represented by a separate 
advocate. 
Where a party, other than a vendor or lessor, joins in a conveyance or lease 
and is represented by a separate advocate, the charges of the separate 
advocate shall be calculated under the Fifth Schedule to these Rules. 

35. 
Where consideration for conveyance or lease consists partly of 
premium and partly of rent. 
Where a conveyance or lease is partly in consideration of a money payment 
or premium and partly of a rent, then, in addition to the remuneration hereby 
prescribed in respect of the rent, there shall be paid a further sum equal to the 
remuneration under the First Schedule to these Rules on a purchase at a price 
equal to the money payment or premium. 

PART III—CONTENTIOUS MATTERS AND TAXATION OF COSTS. 

36. 
Application to contentious matters. 
This Part of these Rules shall apply to contentious matters and the taxation 
of costs as between advocate and client and between party and party in 
contentious proceedings. 

37. 
Costs in High Court and magistrates courts according to Sixth 
Schedule. 
A bill of costs incurred in contentious proceedings in the High Court and in 


the magistrates courts shall, subject to any order pronounced by the court in 
regard to any particular case, be taxable according to the rates prescribed in 
the Sixth Schedule to these Rules. 

38. 
Costs may be taxed as between party and party or as between 
advocate and client. 
The costs awarded by the court on any matter or application shall be taxed 
and paid as between party and party unless the court shall expressly order the 
costs awarded to be as between advocate and client. 

39. 
No advocate’s costs where suit brought without notice. 
If the plaintiff in any action has not given the defendant notice of his or her 
intention to sue, and the defendant pays the amount claimed or found due at 
or before the first hearing, no advocate’s costs shall be allowed except on an 
order of the judge or magistrate. 

40. 
Registrar to record consent order on payment of filing fee. 
(1) If, after the disposal of any proceedings by the court, the parties 
to the proceedings agree to the amount of costs to be paid in pursuance of the 
court’s order or judgment in the proceedings, the parties may, in lieu of 
proceeding to taxation, request the registrar by joint letter to record their 
agreement, and the registrar shall do so upon payment of the same court fee 
as is payable on the filing of a bill of costs. 
(2) The agreement, when recorded, shall have the same force and 
effect as a certificate of taxation by the taxing officer. 
41. 
Costs of more than one advocate to be certified by the judge. 
(1) The costs of more than one advocate may be allowed on the basis 
hereafter provided in causes or matters in which the judge at the trial or on 
delivery of judgment shall have certified under his or her hand that more than 
one advocate was reasonable and proper, having regard, in the case of a 
plaintiff, to the amount recovered or paid in settlement or the relief awarded 
or the nature, importance or difficulty of the case and, in the case of a 
defendant, having regard to the amount sued for or the relief claimed or the 
nature, importance or difficulty of the case. 

(2) A certificate for two counsel may be granted under this rule in 
respect of two members or employees of the same firm. 
42. 
Costs where same advocate is employed by two or more plaintiffs 
or defendants. 
Where the same advocate is employed by two or more plaintiffs or 
defendants, and separate pleadings are delivered or other proceedings heard 
by or for two or more such plaintiffs or defendants separately, the taxing 
officer shall consider in the taxation of the advocate’s bill of costs, either 
between party and party or between advocate and client, whether the separate 
pleadings or other proceedings were necessary and proper, and if he or she 
is of the opinion that any part of the costs occasioned by the separate 
pleadings or other proceedings has been unnecessarily or improperly 
incurred, that part of the costs shall be disallowed. 

43. 
Costs between party and party where joint executors or trustees 
defend separately. 
In taxing as between party and party the costs of joint executors or trustees 
who defend separately, the taxing officer shall, unless otherwise ordered by 
the court or judge, allow only one set of costs for the defendants when he or 
she is of the opinion that they ought to have joined in their defence, such 
costs to be apportioned among them as the taxing officer shall deem fit. 

44. 
Where party entitled to costs fails or refuses to tax. 
When any party entitled to costs refuses or neglects to file his or her bill of 
costs for taxation or to procure the bill of costs to be taxed and thereby 
prejudices any other party, the taxing officer shall be at liberty to certify the 
refusal or neglect and to proceed to the taxation of the costs of the other party 
or parties, or he or she may allow the party so refusing or neglecting a 
nominal sum or other sum for costs, so as to prevent any other party being 
prejudiced by the refusal or neglect. 

45. 
Taxation of costs upon an award. 
Costs may be taxed upon an award in an arbitration notwithstanding that the 
time for setting aside the award has not elapsed. 

46. 
Receiver in insolvency to have notice of taxation. 

In insolvency matters the registrar shall give to the receiver the usual notice 
of the appointment to tax any bill of costs of party and party relating to the 
insolvency, and the advocate or party lodging the bill shall, on application, 
furnish the receiver with a copy of the bill of costs on payment of the proper 
fee which payment may be charged to the estate. 

47. Manner of preparing bill for taxation. 
(1) Bills of costs for taxation shall be prepared in five columns in the 
following manner— 
(a) the first or left-hand column for dates, showing year, month, day; 
(b) the second column for the number of the items; 
(c) the third column for the particulars of the services charged for; 
(d) the fourth column for the professional charges claimed; and 
(e) the fifth column for the taxing officer’s deductions. 
(2) Disbursements shall be shown separately at the foot of the bill. 
(3) Fees for attending taxation shall not be included in the body of the 
bill, but the item shall appear at the end, and the amount left blank for 
completion by the taxing officer. 
48. Filing bills for taxation. 
(1) Every bill of costs for taxation shall be lodged with the registrar 
and shall be endorsed with the name and address of the advocate by whom 
it is lodged, and also the name and address of the advocate (if any) for whom 
he or she is agent, and the name and address of any advocate or other person 
entitled to receive notice of the taxation. 
(2) Every such bill shall be accompanied by one carbon or other true 
copy of the bill for each name endorsed on it of any advocate or other person 
entitled to receive the notice. 
49. Bills not to be altered after being lodged. 
No addition or alteration shall be made in a bill of costs by the party 
submitting the bill of costs after the bill has been lodged for taxation, except 
by consent of the parties or by permission or direction of the court or taxing 
officer. 


50. 
Notice of taxation where defendant has not appeared. 
It shall not be necessary for notice of taxation of costs to be given to a 
defendant against whom the costs are being taxed in any case in which the 
defendant has not appeared in person or by advocate. 

51. 
Vouchers to be produced on taxation. 
Receipts or vouchers for all disbursements charged in a bill of costs (other 
than witness allowances and expenses supported by a statement signed by an 
advocate) shall be produced at taxation if required by the taxing officer. 

52. 
Number of folios on documents charged by the folio. 
(1) All drafts and other documents or copies of them, the preparation 
of which is charged for, shall be produced at taxation if required by the 
taxing officer, and those charged for by the folio shall have the folios of the 
documents or copies consecutively numbered in their margin, and the number 
of the folios shall be endorsed on them in figures. 
(2) The length of all documents not vouched for by production of the 
original copies of the documents or other evidence satisfactory to the taxing 
officer may be certified by the advocate in writing, and if the certificate is 
found by the taxing officer to be erroneous, the taxing officer may disallow 
the cost of the document so erroneously certified or any part of it. 
53. 
Certificate of taxing officer on bills taxed under a special order of 
the court. 
When a bill of costs is taxed under any special order of the court, and it 
appears by the order that the costs are to be paid otherwise than out of the 
estate of an insolvent, minor, lunatic or deceased person, the taxing officer 
shall note in his or her certificate of taxation by whom or the manner in 
which the costs are to be paid. 

54. 
Taxing officer may proceed ex parte, etc. 
The taxing officer shall have power to proceed to taxation ex parte in default 
of the appearance of either or both parties or their advocates, and to limit or 
extend the time for any proceedings before him or her, and for proper cause 


to adjourn the hearing of any taxation from time to time. 

55. Instructions to include attendance on deponent. 
The allowances for instructions and drawing an affidavit in answer to 
interrogatories and other special affidavits shall include all attendances on the 
deponent to settle and read over. 

56. Where more than one-sixth taxed off. 
(1) If more than one-sixth of the total amount of a bill of costs, 
exclusive of court fees, is disallowed on taxation, the party presenting the bill 
for taxation may, in the discretion of the taxing officer, be disallowed the 
costs of the taxation. 
(2) The decision of the taxing officer under this rule shall be final. 
57. Advocate entitled to charge client according to the Sixth Schedule. 
In all causes and matters in the High Court and magistrates courts, an 
advocate shall be entitled to charge as against his or her client the fees 
prescribed by the Sixth Schedule to these Rules. 


SCHEDULES 

First Schedule.

 rule 14(a). 

Scales of charges on sales, purchases, mortgages and debentures and 
for commission on sales, purchases and loans affecting certain land. 

First Scale. 
Scale of charges on sales, purchases, mortgages and debentures. 


On the first 
1,000,000 
Shs. 
From 
1,000,000 to 
10,000,000 
Shs. 
Over 
20,000,000 
Shs. 
1. Vendor’s advocate— 
For deducing title to freehold or leasehold 
property and perusing and completing 
conveyance (including preparation of 
contract on conditions of sale (if any)) 
2. Purchaser’s advocate— 
For investigating title to freehold or 
leasehold property and preparing and 
completing conveyance (including perusal 
and completing of contract (if any)) 
3. Mortgagor’s advocate— 
For deducing title to freehold or leasehold 
property, perusing mortgage and 
completing 
4. Mortgagee’s advocate— 
(a) For investigating title to freehold or 
leasehold property and completing 
(b) For registering conveyance, assignment 
or mortgage thereof to the advocate 
registering it 600,000 shillings 
15% 
15% 
15% 
15% 
— 
10% 
10% 
10% 
10% 
— 
5% 
5% 
5% 
5% 
— 

Provided that the minimum fee for any transaction under this Schedule shall be 2,000 
shillings. 


Second Scale. 
Scale of charges for commission on sales, purchases and loans affecting 
land registered in the land titles registry or unregistered. 


On the first 
1,000,000 
Shs. 
From 
1,000,000 
to 20,000,000 
Shs. 
Over 
20,000,000 
Shs. 
1. Vendor’s advocate— 
Commission for successfully negotiating 
a sale of property by private treaty 
2. Purchaser’s advocate— 
Commission for successfully negotiating 
15% 10% 5% 
a purchase of property by private treaty 
3. Mortgagor’s advocate— 
Commission for successfully negotiating 
15% 10% 5% 
a loan 
4. Mortgagee’s advocate— 
Commission for successfully negotiating 
15% 10% 5% 
a loan 15% 10% 5% 

Notes—In the first scale, “mortgage” includes any conveyance, assignment or other 
assurance or any agreement to convey, assign or otherwise assure any immovable property 
or any estate, interest or other right in the property to secure the payment of any monies; and 
the word “charge” includes any agreement to any immovable property or any estate, interest 
or other right in the property to secure the payment of any monies; but neither word shall 
include a memorandum of equitable mortgage by deposit of documents or a memorandum 
of charge by deposit of title or any agreement exclusively collateral thereto unless the 
collateral agreement shall contain an agreement or covenant to execute or mortgage or 
charge at some future time or when called upon. 


Second Schedule. 

rule 14(b). 

Scales of charges for leases or agreements of leases at rack rent and 
for building leases, reserving rent, etc. 

First Scale. 
Scale of charges as to leases or agreements for leases at rack rent. 


1. 
To the advocate preparing, settling and completing a lease or agreement and 
counterpart— 
(a) 
where the annual rent does not 
exceed 10,000,000 shs. 
15% of the annual rent 

(b) 
where the annual rent exceeds 
10,000,000 shs. but does not exceed 
20,000,000 shs. 
10% of the annual rent 

(c) 
where the annual rent exceeds 
20,000,000 shs. 
5% of the annual rent 

2. To the advocate for perusing and one-half of the amount payable to the 
completing 

advocate preparing, settling and 
completing, but not less than 100,000 shs. 

3. To the advocate for registering a lease or agreement for a lease, 100,000 shs. 
4. 
For the purposes of items 1, 2 and 3 of this scale and notwithstanding those items— 
(a) 
where a varying rent is payable, the amount of annual rent means the amount of 
the largest annual rent payable under the lease or agreement for lease or tenancy 
agreement; 
(b) 
in the case of a lease, agreement for lease or tenancy agreement of a dwelling 
house or flat for a term exceeding one year but not exceeding three years and not 
containing an option for renewal or extension capable of making the entire term 
one in excess of three years, an advocate may, in his or her discretion, reduce the 
above stated charges by a sum not exceeding 50 percent of the charges; 
(c) 
in the case of an extension of a term of a lease, agreement for lease or tenancy 
agreement capable of being effected by way of endorsement on, or annexure to, 
the original instrument, the charge shall be calculated under the Fifth Schedule to 
these Rules. 
Notes— 
“Ground rent” means rent representing the value of the land without buildings on it. 
“Rack rent” means rent representing the value of the land and buildings. 



Second Scale. 
Scale of charges for building leases, reserving rent or other long lease not 
at a rack rent or agreement for it respectively. 


1. 
To the advocate for preparing, settling, completing lease and counterpart— 
(a) 
where the annual rent does not 
exceed 1,500,000 shs. 
30 percent of the annual rent 

(b) 
where the annual rent exceeds 
the same payment as on a rent of 
1,500,000 shs. but does not exceed 

1,500,000 shs. and 5 percent on the 
4,500,000 shs. 

excess over 1,500,000 shs. 

(c) 
where the annual rent exceeds 
the same payment as on a rent of 
4,500,000 shs. 

4,500,000 shs. and 2½ percent on the 
excess over 4,500,000 shs. 

2. To the advocate for perusing draft and one-half of the amount payable to the 
completing 

advocate preparing, settling and 
completing lease 

3. 
To the advocate registering a lease or 
agreement for a lease 
100,000 shs. 

Note—Where a varying rent is payable, the amount of annual rent means the amount of the 
largest annual rent payable under the lease or agreement for lease. 


Third Schedule. 

rule 14(c). 

Floatation of companies. 

Notes. 

The references to “the scale fee” are to the scale of fees set forth at the end 
of the sixth paragraph of this Schedule. 

1. Fee for formation and incorporation of a new company with 
limited liability with share capital— 
(a) 
in the case of a private company with limited liability and share 
capital where the nominal capital of the company to be formed— 
(i) 
does not exceed 1,000,000 shillings, the advocate shall 
charge 10 percent on the nominal capital but in any case not 
less than 75,000 shillings; 
(ii) 
exceeds 1,000,000 shillings but does not exceed 5,000,000 
shillings, the advocate shall charge 10 percent for the first 
1,000,000 shillings and 3 percent on the excess of 
1,000,000 shillings up to 5,000,000 shillings; 
(iii) 
exceeds 5,000,000 shillings but does not exceed 10,000,000 
shillings, the advocate shall charge 10 percent on the first 
1,000,000 shillings up to 5,000,000 shillings, and 2 percent 
on the excess of 5,000,000 shillings to 10,000,000 shillings; 
(iv) 
exceeds 10,000,000 shillings, the advocate shall charge 1 
percent on the excess of 10,000,000 shillings; 
(b) 
in the case of a public company, one and one-half times the fees 
set out in subparagraph (a) of this paragraph, but not less than 
500,000 shillings. The fee shall include the drawing of the 
memorandum and articles of association, attendances and 
correspondences in connection with them, drawing minutes of the 
first meeting of the directors, obtaining Treasury consent where 
necessary, and other preliminary and incidental work in that 
connection down to the first general allotment of shares, and shall 
also include the filing of all documents required by the registrar 
of companies to be lodged with the memorandum and articles of 
association. 
2. Fee for the formation and incorporation of a new company 
without share capital—75,000 shillings to 150,000 shillings according to 
time, complexity and responsibility. 

3. The fees in paragraphs 1 and 2 of this Schedule include drawing 
the memorandum and articles of association, preparing and lodging all 
documents necessary for the purpose of obtaining the certificate of 
incorporation and attendances and correspondence in connection therewith 
so far as the same are required to be done by the advocate, but not any work 
in connection with the preparation or issue of a prospectus. 
4. (1) Fee for drawing and preparing vendor’s agreement—where 
there is a sale agreement pursuant to which assets are transferred to a 
company, the vendor’s advocate shall be entitled to charge for the same 
agreement the scale fee calculated to the value of all the assets agreed to be 
sold less the value of assets, if any, for which instruments falling under the 
First Schedule to these Rules are prepared, and in respect of which the scale 
of charges provided in that Schedule shall apply. 
(2) For perusing and completing the agreement by the purchaser’s 
advocate, the advocate shall charge half of the fees charged by the vendor’s 
advocate. 
5. (1) Fee for the preparation of a single debenture or series of 
debentures where there is no trust deed— 
(a) 
where no security is given other than a floating charge, the 
advocate shall charge double the scale fee on the amount of the 
debenture; 
(b) 
where security is given by way of a mortgage, debenture or other 
form of charge of immovable property, in addition to a floating 
charge, the advocate shall charge the fee prescribed for a 
mortgagee’s or chargee’s advocate in the First Schedule to these 
Rules and, in addition, the scale fee; 
(c) 
in any case not provided for, the above fee shall be determined 
under the Fifth Schedule to these Rules. 
(2) Fee for the preparation of a debenture, trust deed, securing one or 
more debentures or series of debentures or debenture stock—the advocate 
shall charge treble the scale fee on amount secured and, in addition, the fees 
prescribed in the Fifth Schedule to these Rules in respect of any necessary 
supplemental security instrument; except that— 
(a) 
where the debenture holder or the trustee (as the case may be) 
and the company creating the security are separately represented, 
the company’s advocate shall be entitled to charge one-half of the 
fees chargeable by the advocate for the debenture holder or 

trustee; 

(b) 
where the debenture holder or the trustee and the company 
creating the security are represented by the same advocate, that 
advocate shall be entitled to charge, in addition to the fee 
mentioned in subparagraph 2(a) of this paragraph, one-fourth of 
such fees in respect of his or her work on behalf of the company. 
(3) The fees at subparagraphs 2(a) and (b) of this paragraph include 
attendance, correspondence, the drawing of resolutions and documents and 
the approval thereof and registration at the companies and land registries, 
where necessary. Unless otherwise agreed in writing, both the fees of the 
advocate for the debenture holder or the trustee and those of the advocate for 
the company are payable by the company. 
6. Fee for preparing, settling or approving prospectus on issue of 
share or loan capital or offer for sale thereof, obtaining stock exchange 
quotation, drafting and adjusting press advertisements, the reconstruction or 
amalgamation of companies or any other nonlitigious work in relation to 
company matters not otherwise provided for—the advocate shall charge 
according to time, complexity and responsibility. 
Scale of fees. 

Where the capital involved does not exceed 
1,000,000 shs. 
15 percent but not less than 
100,000 shs. 
Where the capital involved exceeds 
1,000,000 shs. but does not exceed 
10,000,000 shs. 
15 percent on the first 
1,000,000 shs. and 5 
percent on the excess of 
1,000,000 shs. up to 
10,000,000 shs. 
Where the capital involved exceeds 
10,000,000 shs. 
5 percent on the excess of 
10,000,000 shs. 

7. (1) Fee for registration of foreign companies establishing a 
place of business within Uganda inclusive of fees for meetings, 
correspondences, but exclusive of drawing fees, copying and notarial 
fees—the advocate shall charge such fee as is reasonable according to time, 
complexity and responsibility. 

(2) If it is necessary to draw new articles of association the fee 
chargeable shall be in accordance with paragraph 1 of this Schedule. 
8. For the formal returns required by the Companies Act for 
completing and filing, the advocate shall charge 11,000 shillings for the first 
return and 20,000 shillings for each other return made at the same time. 
9. Fee for drawing and preparing a memorandum or contract for 
filing in regard to shares issued wholly or partly for a consideration other 
than cash not covered by the above fees—the advocate shall charge 150,000 
shillings per folio, together with the appropriate fees for meetings and 
correspondence, and 30,000 shillings for filing. 
Fourth Schedule. 

rule 14(d). 

Trademarks, patents and chattels transfer. 

A—Trademarks. 

Shs. 
1. Applications— 
(a) instructions to register one trademark in one class and 
drawing form of authorisation 200,000 
(b) instructions to register second and further trademarks 
in the name of the same proprietor simultaneously per 
trademark in one class 150,000 
(c) drawing application for registration and four copies of 
representation of mark 50,000 
2. Registered users— 
(a) instructions to file an application to enter one 
registered user of one registered trademark or more 
than one registered trademark of same proprietor 
incorporated in the same set of documents and subject 
to the same conditions and restrictions in each case— 


Shs. 
(i) for the first single registered trademark 200,000 
(ii) for the second registered trademark 100,000 
(iii) for the third registered trademark 60,000 
(iv) for the fourth and each subsequent registered 
trademark, applications being filed 
simultaneously 25,000 
(b) drawing statement of case, statutory declaration in 
support and application, depending on the amount of 
work involved but not less than 350,000 
(c) drawing registered user agreement, depending on the 
amount of work involved but not less than 250,000 
(d) instructions to file an application under section 
30(9)(b) of the Trademarks Act for cancellation of a 
registered user in respect of one registered trademark 
of same proprietor— 
(i) for the first or single registered trademark 200,000 
(ii) for the second registered trademark 150,000 
(iii) for the third registered trademark 70,000 
(iv) for the fourth and each subsequent trademark, 
applications being filed simultaneously 35,000 
(e) drawing application and statement of grounds, 
depending on amount of work involved, but not less 
than 100,000 
(f) for each subsequent registered trademark, the grounds 
for cancellation being the same 30,000 
(g) instruction to file an application for variation of terms 
of appointment of a registered user, including drawing 
application 200,000 
3. Assignments— 


Shs. 
(a) instructions to file an application to register a 
subsequent proprietor of one registered trademark (or 
more than one registered trademark standing in the 
same name under the same devolution of title and filed 
simultaneously) with or without goodwill— 
(i) for the first registered trademark 150,000 
(ii) for the second registered trademark 50,000 
(iii) for each subsequent registered trademark 35,000 
(b) instructions to file application for directions by the 
registrar for advertisement of the assignment of 
trademarks in use without goodwill and attending to 
the advertisement thereof— 
(i) for one registered trademark assigned 150,000 
(ii) for every other registered trademark assigned 
under the same devolution of title filed 
simultaneously 30,000 
(c) instructions to apply for extension of time in which to 
apply for directions to advertise, from 65,000 
4. Renewals— 
(a) instructions to renew the registration of one trademark 
in one class, including drawing the prescribed form 
and form of authorisation 150,000 
(b) instructions to renew the registration of second and 
further trademarks in the name of the same proprietor 
simultaneously, including drawing the prescribed form 
and form of authorisation per mark in one class 100,000 
(c) instructions to renew the registration of one trademark 
in one class under rule 64 of the Trademarks Rules, 
including drawing the prescribed forms and form of 
authorisation 150,000 
5. Change of name— 


Shs. 
(a) instructions to register change of name of the 
registered proprietor in respect of one trademark in 
one class, including drawing the prescribed form and 
form of authorisation 150,000 
(b) instructions to register change of name of the 
registered proprietor in respect of second and further 
trademarks simultaneously, including drawing the 
prescribed form and form of authorisation for each 
change of name per trademark in one class 50,000 
6. Change of address— 
(a) instructions to register change of address of the 
registered proprietor in respect of one trademark in 
one class, including drawing the prescribed form and 
form of authorisation 150,000 
(b) instructions to register change of address of the 
registered proprietor in respect of second and further 
trademarks simultaneously, including the drawing of 
the prescribed forms and form of authorisation for 
each change of address per trademark in one class 50,000 
7. Alterations of amendments— 
(a) instructions to amend or alter one registered trademark 
in one class, including drawing the prescribed form 
and form of authorisation 200,000 
(b) instructions to amend or alter second and further 
registered trademarks simultaneously in one class, 
including the drawing of the prescribed form and form 
of authorisation for amendment or alteration per 
trademark in one class 50,000 
8. Searches— 
(a) instructions to search register 80,000 


Shs. 
(b) instructions to advise on the registerability of a 
proposed trademark in one class, including all 
correspondence 150,000 
(c) instructions to obtain registrar’s preliminary advice on 
Forms TM 27 or TM 28, including drawing the 
prescribed form and all correspondence in connection 
with the form 60,000 
(d) instructions to search a trademark file for particulars 
of the trademark per trademark in one class 50,000 
9. Opposition and rectification proceedings— 
(a) instructions to enter opposition or to defend opposition 
proceedings or to apply for rectification or to defend 
rectification proceedings where the opposition or 
proceedings are conducted before the registrar, such 
fee as the taxing officer, in the exercise of his or her 
discretion and taking into consideration the nature and 
importance of the opposition or rectification, the value 
of the trademark to the parties concerned, the amount 
of evidence filed and the time required for the 
preparation thereof, the general conduct of the 
proceedings and all other relevant circumstances, shall 
decide but not less than 500,000 
(b) attendances before the registrar conducting opposition 
or rectification proceedings— 
(i) every whole day 150,000 
(ii) every half-day or part thereof 75,000 
(c) on interlocutory matters, taking judgments, minutes or 
part thereof 10,000 
10. Miscellaneous matters— 
(a) attendances on the registrar for every 15 minutes or 
part thereof 10,000 


Shs. 
(b) correspondence letters, reinfringement, opposition, but 
not concerned with applications, renewals— 
(i) per letter 
(ii) or per folio 
10,000 
2,000 
(c) receiving and perusing letters— 
(i) per letter 
(ii) or per folio 
5,000 
1,000 
(d) drawing all other necessary documents, notice of 
opposition, statutory declarations, counter statements, 
etc.— 
(i) per folio 
(ii) or file copies per folio 
10,000 
2,000 
(e) perusing documents, pleadings, statutory declarations, 
etc. to be charged for as for perusals at item 6(a) of the 
Sixth Schedule to these Rules 

Notes. 

The fees for instructions in each case enumerated other than the fee for 
oppositions or rectification include the drawing and lodging of all forms of 
disclaimer, requests for correction of clerical error or for amendment of an 
application, the payment of association fees, stamping of documents and all 
other correspondences. 


B—Patents and designs. 

Shs. 
1. Instruction to register a patent, including drawing form 
of authorisation and stamping it, drawing and lodging 
application and all correspondences 200,000 
2. Instructions to register an assignment of a patent, including 
drawing form of authorisation and stamping it, drawing 
assignment and lodging application and all correspondence 150,000 
3. Instructions to register an extension of a patent, including 
drawing form of authorisation and stamping it and making 
application for extension 150,000 
4. Attending at the registry, searching register of patents—for 
every 15 minutes 10,000 

All instruction fees prescribed in parts A and B of this Schedule may, in any 
case, be increased by the registrar in his or her discretion. 

C—Chattels transfer. 

The charge shall be as set out under the scale in item 5 of the Third Schedule 
to these Rules for a single unsecured debenture. 


Fifth Schedule. 

rule 14(e). 

Scale of fees in respect of business the remuneration for which is not 
otherwise prescribed. 

Shs. 
1. Instructions for drawing and perusing deeds, deed polls, 
affidavits and other documents or other matters of a 
noncontentious nature— 
(a) such fee for instructions as may be fair and 
reasonable, having regard to the care and labour 
required, the number and length of papers to be 
perused, the nature or importance of the matter, the 
amount or value of the subject matter involved, the 
interest of the parties, complexity of the matter, and 
all other circumstances of the case 
(b) in ordinary cases, per folio 10,000 
2. Attendances in person or by telephone— 
(a) in ordinary cases, per 15 minutes or part thereof 10,000 
(b) in other cases, the taxing officer may increase or 
reduce the charge in paragraph 2(a) of this Schedule 
if for any special reason he or she sees fit 
3. Abstract of title— 
(a) where requested by purchaser’s or mortgagee’s 
advocate, drawing abstract or memorandum, per 
folio 10,000 
(b) fair copy, per folio 4,000 
4. Journeys from home— 
(a) for every day of not less than six hours employed on 
business or in travelling 300,000 
(b) where a less time than six hours is so employed per 
hour 50,000 
5. Time engaged where charge is so based, in lieu of 
charges per item of work done—per hour, or part of an 
hour 50,000 


Shs. 
6. Correspondence— 
(a) letters 
or per folio 
20,000 
4,000 
(b) receiving and perusing a letter 
or per folio 
5,000 
1,000 
7. Opinions—for formal written opinion, charge such fee as 
may be reasonable in the circumstances, having regard to 
the same considerations as set out above for the 
assessment of instructions, but not less than 65,000 
8. Debt collection—in respect of noncontentious debt 
collection matters, an advocate may opt to charge therefor 
upon the following inclusive scale in lieu of charging per 
item for work done— 
(a) where the amount of debt does not exceed 500,000 
shs. 
10 percent of the 
debt to be 
collected but in 
any case not less 
than 20,000 shs. 
(b) where the amount of debt exceeds 500,000 shs. but 
does not exceed 1,000,000 shs. 
10 percent of the 
first 500,000 shs. 
and 5 percent on 
the excess of 
500,000 shs. up to 
1,000,000 shs. 
(c) where the amount of debt exceeds 1,000,000 shs. 
but does not exceed 10,000,000 shs. 
10 percent of the 
first 500,000 shs. 
and 5 percent on 
the excess of 
500,000 shs. up to 
1,000,000 shs. 3 
percent on excess 
of 1,000,000 shs. 
up to 10,000,000 
shs. 
(d) where the amount of debt exceeds 10,000,000 shs. 1 percent on the 
excess of 
10,000,000 shs. 

Provided that where a letter of demand is followed by suit in court, the scale 


set out in this Schedule shall not apply, and the letter shall be charged under 
the Sixth Schedule to these Rules. 

Sixth Schedule. 

rules 37, 57. 

Costs in the High Court and magistrates courts. 

1. 
Instructions to sue or defend— 
(a) 
subject as hereafter provided, the fees for instructions shall be as 
follows— 
(i) 
to sue in an ordinary suit in which no appearance is entered 
under Order XXXVI of the Civil Procedure Rules where no 
application for leave to appear and defend is made, the fee 
shall be 65 percent of the fees chargeable under item 
I(a)(iv) of this Schedule; 
(ii) 
to sue or defend in a suit to which the provisions of Order 
XXXVI of the Civil Procedure Rules apply in which an 
application for leave to appear and defend was made and 
refused, the fee shall be 75 percent of the fee chargeable 
under item 1(a)(iv) of this Schedule; 
(iii) 
in a suit where settlement is reached prior to confirmation 
of the first hearing date of the suit the fee shall be 85 
percent of the fee chargeable under item I(a)(iv) of this 
Schedule; 
(iv) 
to sue or defend in any other case or to present or oppose an 
appeal where the value of the subject matter can be 
determined from the amount claimed or the judgment— 
(A) 
where the amount does not exceed 500,000 shillings—12½ 
percent on the amount claimed; 
(B) 
where the amount exceeds 500,000 shillings but does not exceed 
5,000,000 shillings—12½ percent on the first 500,000 shillings 
and 10 percent on the next 4,500,000 shillings; 
(C) 
where the amount exceeds 5,000,000 shillings but does not 
exceed 10,000,000 shillings—12½ percent on the first 500,000 
shillings and 10 percent on the next 4,500,000 shillings, and 7½ 
percent on the next 5,000,000 shillings; 
(D) 
where the amount exceeds 10,000,000 shillings but does not 
exceed 20,000,000 shillings—12½ percent on the first 500,000 
shillings and 10 percent on the next 4,500,000 shillings, 7½ 

percent on the next 5,000,000 shillings and 5 percent on the next 
10,000,000 shillings; 

(E) 
where the amount exceeds 20,000,000 shillings— 1 percent on 
the excess of 20,000,000 shillings; 
(v) 
to sue or defend or to present or oppose an appeal in any 
case not provided for above in any court, not less than 
75,000 shillings; 
(vi) 
to present or oppose a petition for winding up a company or 
a divorce or other matrimonial proceedings or to prosecute 
or oppose a suit by originating summons in any court, not 
less than 75,000 shillings; 
(vii) for 
applications, notices of motion or chamber 
applications— 
(A) 
where the application is unopposed, not less than 100,000 
shillings; 
(B) 
where the application is opposed, not less than 150,000 shillings; 
(viii) 
to file objections to an arbitrator’s or commissioner’s 
report the fee shall be as in items (iv) or (v) of this 
paragraph depending on whether it can be valued or 
not; 
except that— 

(ix) 
where, due to the complexity of a case, a higher fee is 
considered appropriate, the advocate for either party may 
apply to the presiding judge or magistrate, as the case may 
be, for a certificate allowing him or her to claim a higher 
fee; the judge or magistrate shall then specify the fraction 
or percentage by which the instruction fee should be 
increased; 
(x) 
where either party is of the opinion that the case should 
have been brought in a magistrate’s court, that party may 
also apply to the presiding judge for a certificate reducing 
the fees and if the application is granted, then, the judge 
shall specify the fraction or percentage by which the 
instruction fee shall be reduced, provided that the reduction 
certificate shall not exceed 1/5 or 20 percent of the fees; 
(xi) 
in any case in which the costs of more than one advocate 
have been certified by the presiding judge or magistrate, as 
the case may be, the instruction fee allowed and other 
charges shall be increased by one-half to cover the second 
advocate; 
(xii) in any case in which the costs of a senior counsel have been 

certified by the presiding judge or magistrate, as the case 
may be, the instruction fee allowed and allowance for the 
attendances at the court conducting the cause shall be 
increased by one-third; 

(xiii) 
in any case in which the costs of a senior counsel and 
a junior counsel have been certified by the presiding 
judge or magistrate, as the case may be, the 
instruction fee set out above shall be increased by 
one-half to cover a senior counsel and other charges 
shall be doubled accordingly; 
(b) 
as between advocate and client, the instruction fee to be allowed 
on taxation shall be the actual instruction fee allowed as between 
party and party increased by one-third. 
2. 
Drawing court papers— 
(a) 
pleadings, interlocutory application, notice of motion or chamber 
application, originating summons, affidavit, petition of appeal, 
interrogatories, notices to admit and produce, agreement for 
compromise, adjustment or satisfaction of suit, or for reference 
to arbitration (two folios or less), 15,000 shillings; 
(b) 
the like, in excess of two folios, additional per folio after the first 
two folios, 5,000 shillings; 
(c) 
creditor’s or debtor’s petition that debtor be adjudicated 
insolvent, 10,000 shillings per folio, but not less than 25,000 
shillings; 
(d) 
notice of objections by debtor to creditor’s petition where court 
allows costs to the debtor on dismissal of creditor’s petition, 
10,000 shillings per folio, but not less than 25,000 shillings; 
(e) 
all other necessary documents, 8,000 shillings per folio, but not 
less than 25,000 shillings; 
(f) 
every agreement raising questions of law or fact for the decision 
of the court (unless certified by the judge or magistrate to be 
allowed at a higher rate), 8,000 shillings per folio, but not more 
than 50,000 shillings; 
(g) 
bill of costs per folio, 5,000 shillings; 
(h) 
affidavit of service inclusive of annexures, 10,000 shillings. 
3. 
Copies— 
(a) 
copies of pleadings, affidavit, petition of appeal, cross objections 
to petition, interrogatories, replies to interrogatories, agreement 
in satisfaction of suit or for reference to arbitration, exhibit, bill 

of costs and every other necessary document (whether for court 
or opposing party) per folio, 15,000 shillings; 

(b) 
the actual costs of copies of judge’s notes bespoken from day-today 
as a case proceeds may be allowed if certified for by the trial 
judge; 
(c) 
the actual cost of printing supported by vouchers shall be allowed 
(subject to rule 13 of these Rules); 
(d) 
in special cases in addition to preparing and making copies of any 
account or other documents not being notes or observations 
relating to the evidence of witness only, which may be necessary 
for the judge’s or advocate’s use at the trial, such sum as may be 
reasonable, not exceeding per folio, 5,000 shillings. 
4. 
Letters—letter before action or other necessary letter—20,000 
shillings, or per folio 4,000 shillings. 
5. 
Attendance— 
(a) 
each necessary telephone call allowed, 10,000 shillings; 
(b) 
on any necessary application to, or attendance on, the magistrate 
or registrar including taxation, per fifteen minutes or part thereof, 
15,000 shillings; 
(c) 
at offices of court or registrar or upon opposite party or his or her 
advocate on routine matters— 
(i) 
advocate—10,000 shillings; 
(ii) 
clerk—7,000 shillings; 
(d) 
to make or oppose any application or motion before the judge or 
magistrate, not less than 50,000 shillings; 
(e) 
at court on any matter on a date fixed by the court for hearing or 
for calling over lists when case cannot be taken or summons 
unserved— 
(i) 
if in court, 20,000 shillings; 
(ii) 
if in chambers, 15,000 shillings; 
(f) 
at court for orders if defendant appears and admits the claim and 
judgment is given, 30,000 shillings; 
(g) 
at court on settlement of issues or for orders, 30,000 shillings; 
(h) 
at court conducting cause— 
(i) 
for every day of not less than six hours, 30,000 shillings; 
(ii) 
where a time less than six hours is so employed, per hour 
50,000 shillings; 
(i) 
to hear a reserved judgment or to obtain judgment on arbitrator’s 
award or commissioner’s report, per half-hour or part thereof 

20,000 shillings; 

(j) 
with judge on a view, if in court hours, the same fees as for 
attendances in court conducting the cause, but if out of court 
hours, per hour, including travelling time, in addition to all 
expenses properly incurred in getting to and from the place 
viewed, 50,000 shillings; 
(k) 
where there are several deponents or it is necessary for the 
purpose of having an affidavit sworn to go a distance or employ 
an agent, reasonable allowance may be made on special grounds 
by the taxing officer; 
(l) 
at the meeting of creditors of a bankrupt, per fifteen minutes or 
part thereof, 10,000 shillings; 
(m) 
on behalf of a petitioning creditor or receiver, after the receiver 
is appointed, and giving him or her all necessary information, per 
fifteen minutes or part thereof, 10,000 shillings; 
(n) 
before a commissioner for adjustment of accounts, per fifteen 
minutes or part thereof, 15,000 shillings; 
(o) 
before an arbitrator, the same fees as for conducting a case in 
court; 
(p) 
for all other necessary attendances, per fifteen minutes or part 
thereof, 12,000 shillings, 
except that reasonable and necessary travelling and subsistence expenses 
within Uganda shall be allowed at the discretion of the taxing officer. 

6. 
Perusals— 
(a) 
perusals of pleading memorandum of appeal, interrogatories and 
answers to interrogatories, notices to admit, petition to wind up 
company, petition in insolvency, notice of motion in courts, 
chamber summons, affidavits, originating summons or other 
necessary document not specifically provided for—10,000 
shillings, or per folio, 5,000 shillings; 
(b) 
perusals of notices and other routine documents, 5,000 shillings; 
(c) 
perusals of necessary letter, 5,000 shillings, or per folio, 1,000 
shillings; 
(d) 
for reading and correcting proofs, printed matter, per folio, 1,000 
shillings. 
7. 
Service— 
(a) 
where service is in person, a reasonable charge depending on the 
distance and time taken to be allowed at the discretion of the 
taxing officer; 

(b) 
for actual travelling and subsistence expenses incurred by the 
process server, charge the actual expenses incurred; 
(c) 
where service is by post or by any other mode substituted service, 
charge the actual expenses incurred. 
8. 
Plans, models, etc. 
For plans, charts, photographs or models for use of the judge at trial, such 
sum as is actually incurred shall be charged. 

9. 
Translation 
Translation of necessary documents or accounts, per folio, not less than 
10,000 shillings. 

10. 
Probate proceedings— 
(a) 
perusing will, per folio, 10,000 shillings; 
(b) 
instruction to apply for grant of probate or letters of 
administration with or without will annexed, or for resealing a 
grant, not less than 100,000 shillings; except that where the 
application is contested, the advocate for the applicant and the 
advocate for the opposing party shall charge such fee as shall be 
allowed by the taxing officer, but in any case not less than 
250,000 shillings; 
(c) 
drawing application for letters of administration or probate, oath 
of executor, affidavit of due execution of will or any other 
necessary documents, charge as in paragraph 2(a) and (b) of this 
Schedule; 
(d) 
instructions to prepare an inventory or account, per 200,000 
shillings of net estate, 10,000 shillings, but not less than 60,000 
shillings; 
(e) 
drawing inventory of account, per folio, 121,000 shillings, but 
not less than 40,000 shillings; 
(f) 
copies of inventory and account and other necessary documents 
per folio, charge the same as in paragraph 4 of this Schedule; 
(g) 
necessary attendances at the registrar’s in connection with taking 
out letters, or registering a will, charge as in paragraph 5 of this 
Schedule. 
11. 
Bankruptcy proceedings— 
(a) 
petitioning debtor’s advocate’s costs in summary cases— 

(i) 
instructions for petition, 180,000 shillings; 
(ii) 
instructions to apply for discharge, 90,000 shillings; 
(b) 
instructions for petition where the assets are certified in 
nonsummary cases— 
(i) 
as not likely to realise 1,000,000 shillings, not more than 
10,000 shillings; 
(ii) 
as likely to exceed 1,000,000 shillings, but not to exceed 
5,000,000 shillings, not less than 500,000 shillings; 
(iii) 
as likely to exceed 5,000,000 shillings, then the minimum 
fee shall be increased by 100,000 shillings for every 
additional 1,000,000 shillings, or part thereof, up to 
10,000,000 shillings; 
(iv) 
in excess of 10,000,000 shillings, then the minimum fee 
shall be increased by 20,000 shillings for every additional 
1,000,000 shillings or part thereof; 
(c) 
a certificate of the receiver as to the value which the assets are 
likely to increase shall be produced to the taxing officer and the 
allowance for instructions for petition made accordingly; 
(d) 
in cases where a composition is accepted and confirmed by the 
court the value of the assets shall be taken at the amount required 
for the purpose of composition; 
(e) 
instruction to apply for discharge not less than 12,000 shillings; 
(f) 
debtor’s advocate’s costs for instructions for and drawing consent 
to, an order of adjudication on creditor’s petition to declare 
insolvent— 
(i) 
where the assets are certified by the receiver as not likely to 
realise 500,000 shillings, not less than 90,000 shillings; 
(ii) 
as likely to exceed 500,000 shillings, not more than 150,000 
shillings; 
(g) 
creditor’s advocate’s costs for petition to adjudicate debtor 
insolvent where assets are certified— 
(i) 
as not likely to realise 1,000,000 shillings, not more than 
300,000 shillings; 
(ii) 
as likely to exceed 1,000,000 shillings, but not to exceed 
5,000,000 shillings not less than 500,000 shillings; 
(iii) 
as likely to exceed 5,000,000 shillings, then the minimum 
fee shall be increased by 100,000 shillings for every 
additional 1,000,000 shillings or part thereof up to 
10,000,000 shillings; 
(iv) 
in excess of 10,000,000 shillings, then the minimum fee 
shall be increased by 20,000 shillings for every additional 

1,000,000 shillings, or part thereof; 

(h) 
instruction for the appointment of interim receiver of an 
insolvent’s estate, not less than 100,000 shillings; 
(i) 
where the debtor disputes the statements in the petition, further 
instructions, not less than 200,000 shillings; 
(j) 
debtor’s advocate’s costs where the court allows costs to the 
debtor on dismissal of a petition in insolvency, instructions to 
oppose petitions, not less than 300,000 shillings. 
History: S.I. 123/1982; S.I. 8/1985; S.I. 3/1996. 

Cross References 

Civil Procedure Rules, S.I. 71-1. 
Companies Act, Cap. 110. 
Trademarks Act, Cap. 217. 
Trademarks Rules, S.I. 217- _____.