Wakilii

Odaret and Another v Eyagu and Another (Civil Appeal 37 of 2023)

High Court · [2024] UGHC 149 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from a ruling of the Chief Magistrate's Court setting aside an order for costs
Decision
Appeal dismissed and lower court ruling setting aside the costs order upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal and upheld the Chief Magistrate's ruling setting aside a costs order. The court found that the second appellant had been withdrawn from the underlying suit in 2017, and his subsequent participation, including filing a new written statement of defence without leave, constituted illegality. A party who benefits from procedural irregularities may be denied costs even if nominally successful. The trial magistrate was not functus officio when entertaining the review application, as it concerned costs awarded in separate proceedings not subject to the pending appeal.

Outcome

Appeal dismissed and lower court ruling setting aside the costs order upheld

Facts

The respondents filed a civil suit in 2016, which was transferred between courts and eventually registered as Katakwi Civil Suit No. 29 of 2022. On 27 June 2017, counsel for the defendants informed the court that the second defendant had been dropped from the case. The suit proceeded against the first defendant only. However, in 2022, the second defendant filed a new written statement of defence without leave of court. On 10 October 2022, the first respondent withdrew the suit against the second defendant, and the Chief Magistrate awarded costs to the second defendant. After judgment was delivered in the main suit, the first respondent filed Miscellaneous Application No. 03 of 2023 seeking to set aside the costs order on the basis that the withdrawal was meant to be without costs. The Chief Magistrate set aside the costs order, finding that the second defendant had been withdrawn from the suit in 2017 and his subsequent participation was irregular. The second defendant appealed.

Issues

  1. Whether the trial magistrate erred in law and fact when he failed to award costs to the second appellant in Miscellaneous Application No. 03 of 2023
  2. Whether the trial magistrate erred in law and fact when he set aside costs previously awarded to the second appellant in Civil Suit No. 29 of 2017
  3. Whether the trial magistrate's decision occasioned a miscarriage of justice

Orders

  • Appeal dismissed.
  • Each party to bear its own costs.
  • Ruling and orders of the Chief Magistrate's Court upheld.

Rules and key headnotes

Civil Procedure — Costs — Discretion to deny costs to successful party
A successful party may be denied costs where he or she has been guilty of misconduct relating to the litigation or the circumstances leading up to the litigation, even if the party would otherwise be entitled to costs under the general rule that costs follow the event.
Civil Procedure — Withdrawal of suit — Effect of withdrawal on party's status
Where a plaintiff withdraws a suit against a particular defendant and counsel informs the court of such withdrawal with the agreement of the parties, the defendant ceases to be a party to the suit from the date of withdrawal, and any subsequent participation by that defendant as a party constitutes an illegality.
Civil Procedure — Review — Functus officio — Jurisdiction to review costs order
A trial magistrate is not functus officio when entertaining a review application concerning costs awarded in separate proceedings that are not the subject of a pending appeal, even where an appeal from the main suit is pending before a higher court.
Civil Procedure — Pleadings — Filing new written statement of defence without leave
A defendant who has been withdrawn from a suit and ceases to be a party may not file a new written statement of defence without first obtaining leave of court. Filing such a pleading without leave where the party has already been withdrawn constitutes an illegality.

Legislation cited (4)

Cases cited (5)

  • Father Nanensio Begumisa and Three Others v Eric Tiberaga (SCCA No. 17 of 2000)
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 2007)
  • Lovinsa Nakya v Nsibambi [1980] HCB 81
  • Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873
  • Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Full judgment

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

Odaret and Another v Eyagu and Another (Civil Appeal 37 of 2023) [2024] UGHC 149 (26 March 2024)
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.