Sentambule Paul v Jane Musoke [2026] UGHCLD 164

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

The applicant sought an interim stay of execution of a taxation award of UGX 108,127,000 pending determination of a related miscellaneous application. The court found that the parties had entered a Settlement of Costs Agreement, endorsed by court on 23 March 2026, under which UGX 65,000,000 was agreed as full and final costs in the underlying appeal and suit, and under which the present application was to be withdrawn with no order as to costs. The court accordingly held that the application stood withdrawn under Order 25 rule 1 of the Civil Procedure Rules, with no order as to costs. No substantive determination of the merits of the stay application was made.

Outcome

Application withdrawn pursuant to a court-endorsed settlement of costs agreement, with no order as to costs

Facts

The applicant sought an interim order staying execution in EMA No. 003 of 2024 in respect of a taxation award of UGX 108,127,000, pending determination of Miscellaneous Application No. 2560 of 2025. The proceedings arose out of Civil Suit No. 204 of 2009 of the Chief Magistrates Court of Nakawa and High Court Civil Appeal No. 118 of 2011, and Taxation Application No. 155 of 2024. The respondent filed an affidavit in reply opposing the application. On perusal of the execution file, 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No. 118 of 2011 and Civil Suit No. 204 of 2009, and under which Miscellaneous Application No. 361 of 2026 was to be withdrawn with no order as to costs. The agreement was endorsed by the court on 23 March 2026.

Issues

1. Whether an interim order of stay of execution should issue in respect of a taxation award pending determination of a related application.
2. What effect a court-endorsed settlement of costs agreement, providing for withdrawal of the application, has on the pending application.

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• The application stands withdrawn under Order 25 rule 1 of the Civil Procedure Rules.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 (6)

• Civil Procedure Act Cap 282 s.98
• Judicature Act Cap 16 s.33 (now s.37)
• Civil Procedure Rules S.I 71-1 Order 43 rule 1
• Civil Procedure Rules S.I 71-1 Order 43 rule 4
• Civil Procedure Rules S.I 71-1 Order 51 rule 6
• Civil Procedure Rules S.I 71-1 Order 25 rule 1

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