Wakilii

Alexander Kizza Kiberu v Namugga Florence (Miscellaneous Application No. 10 of 2024)

High Court · [2025] UGHC 475 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for withdrawal of miscellaneous application arising from civil suit
Decision
Application withdrawn by applicant and dismissed; respondent awarded costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the applicant's request to withdraw the miscellaneous application under Order 25 Rule 1 of the Civil Procedure Rules. The respondent did not object to the withdrawal but sought costs. The court held that the respondent, having filed pleadings and attended court, was entitled to costs incurred in defending the application. The application was dismissed at the instance of the applicant with costs awarded to the respondent.

Outcome

Application withdrawn by applicant and dismissed; respondent awarded costs

Facts

The applicant filed a miscellaneous application arising from Civil Suit No. 10 of 2023. On 2 June 2025, the applicant sought to withdraw the application, explaining that a land registry search conducted in June 2024 revealed that part of the suit land had been sold to third parties whose names appeared on the certificate of title despite existing caveats. The applicant had filed a separate application to add these third parties to the main suit. The respondent did not object to the withdrawal but requested costs, having already filed an affidavit in reply and prepared to raise a preliminary objection on res judicata grounds.

Issues

  1. Whether the applicant should be granted leave to withdraw the application.
  2. Whether the respondent is entitled to costs upon withdrawal of the application.

Orders

  • Application dismissed at the instance of the Applicant.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Applicant's Right to Withdraw with Leave of Court
A plaintiff or applicant may, with the leave of the court, withdraw a suit or application at any time before the delivery of the defendant's defence or after receipt of that defence before taking any other proceeding in the suit, subject to payment of the defendant's or respondent's costs.
Civil Procedure — Costs — Entitlement of Respondent to Costs Upon Withdrawal
Where an application is withdrawn at the instance of the applicant, the respondent who has filed pleadings and attended court is entitled to costs incurred in defending the application, as costs follow the event and are awarded at the court's discretion under section 27 of the Civil Procedure Act.

Legislation cited (2)

Cases cited (3)

  • Dombo v Bigirwenkya and Another (Miscellaneous Application No. 160 of 2022)
  • Makaru v Tumwebaze (Civil Suit No. 125 of 2008)
  • Kwizera Eddie v Attorney General (Supreme Court Appeal No. 01 of 2008)

Full judgment

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

Alexander Kizza Kiberu v Namugga Florence (Miscellaneous Application No. 10 of 2024) [2025] UGHC 475 (27 June 2025)
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.