Paul Sentambule v Jane Musoke [2026] UGHCLD 163
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court did not determine the merits of the application for leave to appeal out of time against the Assistant Registrar's taxation award. On perusal of the execution file, the parties had entered a Settlement of Costs Agreement, endorsed by court on 23 March 2026, under which UGX 65,000,000 was accepted as full and final costs in the civil appeal and the original suit, and under which the parties agreed that this application be withdrawn with no order as to costs. Applying Order 25 rule 1 of the Civil Procedure Rules, the court recorded the application as withdrawn with no order as to costs.
Outcome
Application withdrawn following a court-endorsed settlement of costs agreement; no order as to costs
Facts
The applicant sought leave to file an appeal out of time against the decision of the Assistant Registrar in Taxation Application No. 155 of 2024, arising from High Court Civil Appeal No. 118 of 2011, which itself arose from Civil Suit No. 204 of 2009 in the Chief Magistrates Court of Nakawa. In the alternative he sought to set aside that taxation decision and the award of costs of UGX 108,127,500, a declaration that the taxation was irregular, illegal and a nullity, and a stay of execution in respect of the related execution application. The respondent opposed the application by affidavit in reply and both parties filed submissions. On perusal of the execution file (EMA No. 003 of 2024), the court found that the parties had entered a Settlement of Costs Agreement under which UGX 65,000,000 was to be paid as full and final costs in High Court Civil Appeal No. 118 of 2011 and Civil Suit No. 204 of 2009, and under which this application was to be withdrawn with no order as to costs. The agreement was endorsed by the court on 23 March 2026.
Issues
- Whether the applicant showed sufficient cause to be granted leave to file an appeal out of time against the taxation decision.
- Whether the order of the Registrar should be set aside.
- What remedies are available to the parties.
Orders
- The application stands withdrawn under Order 25 rule 1 of the Civil Procedure Rules.
- No order as to costs.
Rules and key headnotes
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.