Wakilii

Kaswara v FortPortal Municipal Council and Another (Miscellaneous Application No. 106 of 2019)

High Court · [2023] UGHCCD 57 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside costs order following withdrawal of civil suit
Decision
Costs order set aside; certificate of taxation and execution orders set aside; suit withdrawn with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a plaintiff withdraws a suit after the defendant's conduct that led to the litigation has been remedied through settlement, the court has discretion under Section 27 of the Civil Procedure Act to order each party to bear their own costs rather than automatically awarding costs to the defendant under Order 25 of the Civil Procedure Rules.

Outcome

Costs order set aside; certificate of taxation and execution orders set aside; suit withdrawn with no order as to costs

Facts

The applicant filed Civil Suit No. 007 of 2018 against Fort Portal Municipal Council and West Division seeking a declaration that the respondents' erection of containers in a planned road blocking access to his commercial rooms was unlawful, and an order for their removal. After the respondents filed their defence, the parties engaged in settlement discussions. The respondents adjusted and removed the containers from their initial position. The applicant then withdrew the suit on 4 April 2018. The Assistant Registrar granted costs to the respondents. A bill of costs totaling UGX 17,001,500 was taxed on 20 June 2019 and execution was issued. The applicant brought this application to set aside the costs order, contending that the withdrawal was pursuant to settlement and that a letter from the Senior Assistant Town Clerk of Western Division confirmed the engagements and settlement.

Issues

  1. Whether the court order granting costs to the respondents following withdrawal of the suit should be set aside.
  2. Whether the circumstances of the withdrawal justified an order that each party bear their own costs.

Orders

  • The order granting costs of the withdrawal to the Respondent in Civil Suit No. 007 of 2018 is set aside.
  • The certificate of taxation dated 20th June 2019 is hereby set aside together with the resultant execution orders.
  • Civil Suit No. 007 of 2018 is hereby withdrawn and each party shall bear their own costs.
  • No order is made as to costs in this Application.
  • Misc. Application No. 107 of 2019 for stay of execution is overtaken by events and it is accordingly dismissed.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Costs — Discretion of Court
Under Section 27 of the Civil Procedure Act, the court has unfettered discretion to determine whether costs should be awarded and to what extent, notwithstanding the general rule in Order 25 of the Civil Procedure Rules that a party withdrawing a suit should pay costs.
Civil Procedure — Costs — Deprivation of Costs — Defendant's Conduct
A successful defendant can only be deprived of costs when it is shown that the defendant's conduct, either prior to or during the course of the suit, has led to litigation which but for that conduct might have been averted.
Civil Procedure — Withdrawal of Suit — Settlement — Costs
Where a suit is withdrawn following settlement in which the defendant remedies the conduct that gave rise to the litigation, the court may exercise its discretion to order each party to bear their own costs in the interests of promoting harmony and reconciliation.

Legislation cited (8)

Cases cited (2)

  • Kiska Limited v Vittorio Angelis [1968] EACA 7
  • Prince J. D. C Mpuga Rukidi v Prince Solomon Kioro and Others (Civil Appeal No. 15 of 1994)

Full judgment

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

Kaswara v FortPortal Municipal Council and Another (Miscellaneous Application No. 106 of 2019) [2023] UGHCCD 57 (6 March 2023)
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.