Wakilii

Abaragaine & 4 Ors v Ashemeza (Hct) [2012] UGHC 180

High Court · 2012 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from magistrate's refusal to award costs upon withdrawal of suit
Decision
Trial court orders set aside and costs awarded to the 3rd, 4th and 5th appellants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a plaintiff withdraws a suit with consent of court after the defence has been filed, the defendants are entitled to costs under Order 25 Rule 1 of the Civil Procedure Rules read with Section 27(2) of the Civil Procedure Act, unless there is good reason to deny such costs. The trial court failed to exercise its discretion judiciously by not awarding costs to the 3rd, 4th and 5th appellants when the respondent withdrew the suit against them after realising she had no cause of action against them.

Outcome

Trial court orders set aside and costs awarded to the 3rd, 4th and 5th appellants

Facts

The respondent sued five appellants for recovery of land (bibanjas) which the 1st appellant had allegedly sold to the 3rd, 4th and 5th appellants. The 1st appellant had a relationship with the respondent which produced two children. After they separated, the 1st appellant sold the land to the 3rd, 4th and 5th appellants. The respondent later realised she had no cause of action against the 3rd, 4th and 5th appellants and withdrew the suit against them with consent of the trial court. The trial magistrate allowed the withdrawal but did not award costs to the 3rd, 4th and 5th appellants. The three appellants appealed the refusal to award costs.

Issues

  1. Whether the trial magistrate erred in allowing the respondent to withdraw the suit against the 3rd, 4th and 5th appellants without awarding them costs.
  2. Whether the trial magistrate failed to exercise his discretion on costs judiciously.

Orders

  • Appeal allowed.
  • Orders of the trial court set aside.
  • The 3rd, 4th and 5th appellants awarded costs in the court below.
  • The 3rd, 4th and 5th appellants awarded costs of the appeal.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Entitlement to Costs
Where a plaintiff withdraws a suit with consent of court after the defence has been filed, the defendants are entitled to costs under Order 25 Rule 1 of the Civil Procedure Rules unless there is good reason to deny such costs under Section 27(2) of the Civil Procedure Act.
Civil Procedure — Costs — Judicial Discretion
Award of costs in every proceeding is at the discretion of the court under Section 27 of the Civil Procedure Act, but such discretion must be exercised judiciously and in accordance with correct legal principles.
Civil Procedure — Costs — Successful Party Entitled
Under Section 27(2) of the Civil Procedure Act, a successful party is entitled to costs unless there is good reason to deny such party costs.
Civil Procedure — Appellate Intervention — Discretion on Costs
An appellate court will interfere with a trial court's exercise of discretion on costs only where the lower court has applied the wrong principle of law, taken into account irrelevant factors, omitted material factors, or the decision has occasioned a miscarriage of justice.

Legislation cited (3)

Cases cited (8)

  • Selle v Associated Motor Boat Co (1968) EA 123
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)
  • Kifamunte v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Begumisa v Tibebaga (Supreme Court Civil Appeal No. 17 of 2002)
  • Makula International v Cardinal Nsubuga [1982] HCB 11
  • Behange & Ors v School Outfitters Ltd (Court of Appeal Civil Appeal No. 53 of 1999)
  • Mbogo v Shah [1968] EA 93
  • Ward v James [1966] QB 279

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abaragaine & 4 Ors v Ashemeza (Hct) [2012] UGHC 180 (28 August 2012)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.