Joseph Mutatiina and Another v Henry Kyambadde and Another (Misc Application No. 283 of 2012; Misc. Application No. 97 of 2012)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court ordered that each party meet its own costs following the withdrawal of the application by consent. The court did not determine the merits of the application and, consistent with previous orders in similar settlements, declined to award costs to either party.
Outcome
Application withdrawn by consent; no costs awarded
Facts
The applicants brought Misc. Application No. 97 of 2012, arising from Misc. Application No. 167 of 2011 and HCCS No. 138 of 2008. The application was one of numerous applications withdrawn by consent of the parties on 3 April 2012. The court was involved in the discussions leading to the withdrawal, with the aim of paving way for the hearing and disposal of the main suit. Prior to the withdrawals, the court had heard two applications in which each party was ordered to meet its own costs. The court did not try the reasons for filing this application before it was withdrawn.
Issues
- Whether costs should be awarded following the withdrawal of the application by consent
Orders
- Each party meets its own costs in respect of Misc. Application No. 97 of 2012.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.