Christine Nakawombe Mukasa v David Mukasa Senyondwa & 2 Ors (Civil Suit No. 632 of 2001) (Civil Suit No. 632 of 2001)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Plaintiff sued three defendants concerning administration of her deceased father's estate. After prolonged procedural delays and a scheduling conference, the plaintiff sought to withdraw the suit against all defendants. The court granted leave to withdraw under Order 22 rule 1(2) of the Civil Procedure Rules. No order as to costs was made against the third defendant. The first and second defendants' costs of defending the suit were ordered to be paid from the deceased's estate.

Outcome

Suit withdrawn wholly against all defendants by consent

Facts

Christine Nakawombe Mukasa, a daughter and beneficiary of the late Adonia Mukasa's estate, sued the first and second defendants (administrators of the estate) and the third defendant (a purchaser of property from the estate). Letters of Administration had been granted to the first and second defendants in 1994 following a family meeting in August 1992 where a distribution scheme was agreed. The plaintiff's claim concerned the administration of the estate, including the sale of a kibanja at Kibuye along Salama Road to the third defendant and the failure of the administrators to file an inventory or accounts. After prolonged procedural delays spanning 2001 to 2004, the parties reached agreement. The plaintiff withdrew her suit against all defendants. The third defendant withdrew a counterclaim he had filed against the plaintiff.

Issues

1. Whether the plaintiff should be granted leave to withdraw her suit against all defendants

Orders

• Leave granted to the plaintiff under Order 22 rule 1(2) of the Civil Procedure Rules to withdraw her suit wholly against the third defendant.
• No order as to costs in relation to the third defendant.
• Leave granted to the third defendant under Order 22 rule 1(2) of the Civil Procedure Rules to withdraw his counterclaim wholly against the plaintiff.
• No order as to costs in relation to the third defendant's counterclaim.
• Leave granted to the plaintiff under Order 22 rule 1(2) of the Civil Procedure Rules to withdraw her suit wholly against the first and second defendants.
• The first and second defendants' costs of defending the suit to be paid out of the estate of the late Adonia Mukasa.

Legislation cited (1)

• Civil Procedure Rules O.22 r.1(2)

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