Wakilii

Cannan Sites (U) Ltd and Others v Senkaali Mulondo (Civil Appeal No. 5 of 2023)

High Court · [2025] UGHCLD 200 · 2025 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court decision dismissing suit for lack of jurisdiction
Decision
Appeal allowed. Costs order of trial court set aside and respondent ordered to pay costs of the suit below.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that where a suit is dismissed for lack of jurisdiction, the successful party is entitled to costs unless the court gives good reasons otherwise. Section 27(2) of the Civil Procedure Act provides that costs shall follow the event. The trial magistrate erred by ordering each party to bear its own costs without providing reasons. The appeal was allowed and the respondent was ordered to pay costs of the suit below.

Outcome

Appeal allowed. Costs order of trial court set aside and respondent ordered to pay costs of the suit below.

Facts

The respondent filed Entebbe Civil Suit No. 30 of 2016 against the appellants. On 8 December 2022, the trial magistrate at Entebbe Chief Magistrate's Court dismissed the suit for lack of jurisdiction and ordered each party to bear its own costs. The appellants, being the successful parties in the suit below, were dissatisfied with the costs order and appealed to the High Court Land Division. The respondent did not oppose the appeal and filed no submissions in reply.

Issues

  1. Whether the trial magistrate erred in law and fact by dismissing the suit without awarding costs to the defendants.

Orders

  • Appeal allowed.
  • The decision of the trial court that ordered each party to pay their costs in Entebbe Civil Suit No. 30 of 2016 is set aside.
  • The respondent/plaintiff should pay costs of the suit in Entebbe Civil Suit No. 30 of 2016.
  • The appellants shall meet their costs for this appeal.

Rules and key headnotes

Civil Procedure — Costs — Award of Costs Where Suit Dismissed for Lack of Jurisdiction
Where a court dismisses a suit for lack of jurisdiction, the successful party is entitled to costs under section 27(2) of the Civil Procedure Act unless the court gives good reasons for ordering otherwise. Costs follow the event even where the court lacks jurisdiction to try the suit.
Civil Procedure — Costs — Duty to Give Reasons for Departing from General Rule
The successful party should always be awarded costs. If the court decides not to award costs to the successful party, it must give reasons for departing from the general rule that costs follow the event.

Legislation cited (2)

Full judgment

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

Cannan_Sites_(U)_Ltd_and_Others_v_Senkaali_Mulondo_(Civil_Appeal_No._5_of_2023)_[2025]_UGHCLD_200_(17_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.