Semakula Robert and Another v Kibirige Sebunya Frank and Another (Civil Suit No.365 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application to strike out plaint for not disclosing a cause of action dismissed as overtaken by events. The 1st respondent had amended the plaint, curing the alleged defect. No order as to costs made given that the 1st respondent had not filed a reply to the application.
Outcome
Application dismissed as overtaken by events following amendment of the plaint
Facts
The applicants filed Miscellaneous Application No. 1163 of 2025 seeking to strike out the plaint in Civil Suit No. 365 of 2023 on the ground that it did not disclose a cause of action. Before the hearing, the 1st respondent amended the plaint. On the hearing date, counsel for the applicants was absent and had earlier indicated intention to withdraw the application, though no formal Notice of Withdrawal was filed. Counsel for the respondents attended and sought costs. The court noted a letter dated 3 March 2026 stating the matter was overtaken by events.
Issues
- Whether the application to strike out the plaint should be granted given that the plaint had been amended.
Orders
- Application dismissed.
- No order as to costs.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.