Moses Semanda Kazibwe v James Senyondo Katongole (Miscellaneous Application No. 272 of 2005) (Miscellaneous Application No. 272 of 2005)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application to dismiss suit for failure to provide security for costs was refused. Court declined to dismiss the main suit while an appeal against the Registrar's security for costs order remained pending before the Land Division. Matter directed to Land Division for expedited disposal of the appeal.

Outcome

Application dismissed; matter referred to Land Division for disposal of pending appeal against security for costs order

Facts

The plaintiff sued the defendant over ownership of land comprised in Busiro Block 266 Plot 186 at Kisimbiri. The plaintiff claimed ownership while the defendant claimed he had purchased the land from Christopher Katongole (deceased). On 6 October 2005, the Registrar of the Land Division ordered the plaintiff to deposit security for costs of Shs. 8,000,000 within 60 days. The defendant then applied to dismiss the suit for the plaintiff's failure to comply with the security for costs order. An appeal against the Registrar's order (Miscellaneous Appeal No. 4 of 2005) was filed and remained pending.

Issues

1. Whether the plaintiff's suit should be dismissed for failure to provide security for costs as ordered by the Registrar.
2. Whether the Court should exercise its discretion to dismiss the suit while an appeal against the security for costs order remains pending.

Orders

• Application to dismiss H.C.C.S No. 141 of 2003 declined.
• File of the main suit and the appeal against the Registrar's order to be placed before the Land Division of the High Court for quick disposal of the appeal.
• Each party to bear own costs of these proceedings.

Legislation cited (1)

• Civil Procedure Rules Order 43 Rule 2(1)

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