Wakilii

Global Human Salvage Organization (GIISO) v Nulu Nakitende and Another [2026] UGHCLD 168

High Court · 2026 Suit Withdrawn AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance land suit; plaintiff's request by letter to withdraw the suit before service of summons and filing of defence
Decision
Suit withdrawn under Order 25 Rule 1 of the Civil Procedure Rules with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The plaintiff sued for declarations, transfer of title, a permanent injunction, damages and mesne profits over land at Bunamwaya. Summons to file a defence had been issued but there was no affidavit of service and no written statement of defence on record. Counsel for the plaintiff wrote withdrawing the suit, explaining that proceedings commenced by the 1st defendant in a lower court required either amendment of the pleadings or withdrawal and fresh filing. The Court accordingly ordered that the suit stands withdrawn under Order 25 Rule 1 of the Civil Procedure Rules, with no order as to costs, no substantive issue on the merits being determined.

Outcome

Suit withdrawn under Order 25 Rule 1 of the Civil Procedure Rules with no order as to costs

Facts

On 2 April 2026 the plaintiff filed a suit concerning land comprised in Kyadondo Block 265 Plot 8835 at Bunamwaya, Rubaga Division, Kampala District. It sought a declaration that its developments on the suit land were lawful, an order directing the Commissioner Land Registration to transfer the land into its names, a permanent injunction against the 1st defendant, general, punitive and exemplary damages, mesne profits and costs. Summons to file a defence issued on 8 April 2026, but no affidavit of service was placed on the record and no written statement of defence was filed. By letter dated 28 April 2026 counsel for the plaintiff applied to withdraw the suit, explaining that the 1st defendant had by then commenced other proceedings in a lower court, which required the plaintiff either to amend its pleadings in the present suit or to withdraw it and file a fresh suit.

Issues

  1. Whether the plaintiff's suit should be permitted to be withdrawn upon written application before service of summons and filing of a defence, and on what terms as to costs.

Orders

  • Civil Suit No. 139 of 2026 stands withdrawn under Order 25 Rule 1 of the Civil Procedure Rules.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Order 25 Rule 1 Civil Procedure Rules — Withdrawal before service of summons and filing of defence
A plaintiff may withdraw a suit under Order 25 Rule 1 of the Civil Procedure Rules, and where the withdrawal is sought before proof of service of summons and before any written statement of defence is filed, the court may order the withdrawal with no order as to costs.

Legislation cited (1)

  • Civil Procedure Rules O.25 r.1

Full judgment

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Global Human Salvage Organization (GIISO) v Nulu Nakitende and Another [2026] UGHCLD 168 (7 May 2026)
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.