Date of promulgation:
THE ADVOCATES ACT. |
Statutory Instrument 267—4. The Advocates (Remuneration and Taxation of Costs) Rules. Arrangement of Rules. Rule Part I—General matters.
Part II—Noncontentious matters.
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22. |
Charges where advocate is concerned for both mortgagor and |
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mortgagee or vendor and purchaser. |
23. |
Where building society is mortgagee. |
24. |
Charges where conveyance and mortgage are prepared by one |
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advocate. |
25. |
Charges where one document prepared and one approved by one |
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advocate. |
26. |
Charges where mortgage in favour of vendor and one advocate |
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acting for both parties. |
27. |
Where property is sold subject to incumbrance. |
28. |
Charges for approving draft on behalf of several parties having |
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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 |
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purchaser, etc. |
33. |
Where mortgagor or mortgagee joins in a conveyance. |
34. |
Where party other than vendor is represented by a separate |
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advocate. |
35. |
Where consideration for conveyance or lease consists partly of |
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premium and partly of rent. |
Part III—Contentious matters and taxation of costs. |
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Schedule |
First Schedule |
Second Schedule Third Schedule Fourth Schedule Fifth Schedule |
Scales of charges on sales, purchases, mortgages, and debentures and for commission on sales, purchases and loans affecting certain land. Scales of charges for leases or agreements of leases at rack rent and for building leases, reserving rent, etc. Floatation of companies. Trademarks, patents and chattels transfer. 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.
These Rules may be cited as the Advocates (Remuneration and Taxation of Costs) 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.
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.
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.
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. |
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.
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.
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. |
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.
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.
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.
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—
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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.
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—
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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.
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.
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.
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.
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. |
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.
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.
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.
Rules 30 to 35 of these Rules shall govern the application of the Second Schedule to these Rules.
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.
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. |
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.
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.
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.
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.
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.
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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.
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.
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.
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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.
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.
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.
Costs may be taxed upon an award in an arbitration notwithstanding that the time for setting aside the award has not elapsed.
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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.
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. |
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.
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.
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.
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.
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.
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. |
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On the first 1,000,000 Shs. |
From
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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)) |
15% |
10% |
5% |
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)) |
15% |
10% |
5% |
3. Mortgagor’s advocate— For deducing title to freehold or leasehold property, perusing mortgage and completing |
15% |
10% |
5% |
4. Mortgagee’s advocate— (a) For investigating title to freehold or leasehold property and completing |
15% |
10% |
5% |
(b) For registering conveyance, assignment or mortgage thereof to the advocate registering it 600,000 shillings |
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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. |
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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 |
15% |
10% |
5% |
2. |
Purchaser’s advocate— Commission for successfully negotiating a purchase of property by private treaty |
15% |
10% |
5% |
3. |
Mortgagor’s advocate— Commission for successfully negotiating a loan |
15% |
10% |
5% |
4. |
Mortgagee’s advocate— Commission for successfully negotiating 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 an( counterpart— (a) where the annual rent does not exceed 10,000,000 shs. |
in completing a lease or agreement and 15% of the annual rent |
(b) where the annual rent exceeds
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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 completing |
one-half of the amount payable to the advocate preparing, settling and completing, but not less than 100,000 shs. |
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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, cc (a) where the annual rent does not exceed 1,500,000 shs. |
mpleting lease and counterpart— 30 percent of the annual rent |
(b) where the annual rent exceeds
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the same payment as on a rent of 1,500,000 shs. and 5 percent on the excess over 1,500,000 shs. |
(c) where the annual rent exceeds 4,500,000 shs. |
the same payment as on a rent of 4,500,000 shs. and 2^ percent on the excess over 4,500,000 shs. |
2. To the advocate for perusing draft and completing |
one-half of the amount payable to the 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). |
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.
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trustee;
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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
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15 percent on the first
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Where the capital involved exceeds 10,000,000 shs. |
5 percent on the excess of 10,000,000 shs. |
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Fourth Schedule. rule 14(d). Trademarks, patents and chattels transfer. |
A—Trademarks. |
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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— |
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(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— |
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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— |
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(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 sub sequent 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— |
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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— |
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(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— |
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(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— |
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(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— |
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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— |
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(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— |
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(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— |
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(a) instructions to search register |
80,000 |
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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— |
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(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— |
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(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— |
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(a) attendances on the registrar for every 15 minutes or part thereof |
10,000 |
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Shs. |
(b) correspondence letters, reinfringement, opposition, but not concerned with applications, renewals—
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10,000 2,000 |
(c) receiving and perusing letters—
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5.000 1.000 |
(d) drawing all other necessary documents, notice of opposition, statutory declarations, counter statements, etc.—
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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 |
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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. |
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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. |
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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 |
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(b) in ordinary cases, per folio |
10,000 |
2. Attendances in person or by telephone— |
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(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 |
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3. Abstract of title— |
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(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— |
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(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 |
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Shs. |
6. Correspondence— |
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(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 therefore upon the following inclusive scale in lieu of charging per item for work done— |
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(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.
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percent on the next 5,000,000 shillings and 5 percent on the next
the excess of 20,000,000 shillings;
shillings;
except that—
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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;
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of costs and every other necessary document (whether for court or opposing party) per folio, 15,000 shillings;
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(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.
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For plans, charts, photographs or models for use of the judge at trial, such sum as is actually incurred shall be charged.
Translation of necessary documents or accounts, per folio, not less than
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instruction to apply for discharge not less than 12,000 shillings;
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(c) |
(d) |
(e) (f) |
(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-____ |