Wakilii

Slowey Shauna Sutton v Nigel Sutton (Divorce Cause No. 63 of 2013)

High Court · [2014] UGHCFD 240 · 2014 Application Granted with Costs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to withdraw divorce petition; cross petition remains pending
Decision
Petition withdrawn with costs to respondent; cross petition remains pending for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to the petitioner to withdraw her divorce petition but ordered her to pay costs to the respondent who had filed a defence and incurred expenses. The court held that the respondent's cross petition remains valid despite the petitioner's change of domicile, as the cross petitioner was domiciled in Uganda when the cross petition was filed under Divorce Act s.1. The court declined to allow the cross petition at that stage, ruling that it should be addressed at a full hearing.

Outcome

Petition withdrawn with costs to respondent; cross petition remains pending for hearing

Facts

The petitioner filed a divorce petition against the respondent. The respondent filed a defence and a cross petition. When the matter was called for hearing, the petitioner's counsel informed the court that the petitioner had left Uganda and was no longer domiciled there, making it expensive for her to attend trial. The petitioner sought to withdraw her petition. The respondent did not object to the withdrawal but sought costs and asked the court to allow his cross petition given the petitioner's inability to return to Uganda. The court granted leave to withdraw but deferred decisions on costs and the cross petition.

Issues

  1. Whether the petitioner should be granted leave to withdraw the divorce petition.
  2. Whether costs should be awarded to the respondent following withdrawal of the petition.
  3. Whether the cross petition should be allowed in the petitioner's absence given her change of domicile.

Orders

  • Leave granted to the petitioner to withdraw the petition against the respondent.
  • Petition withdrawn with costs to the respondent.
  • Cross petition to stand and be addressed at hearing.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Costs
Where a plaintiff withdraws a suit after the defendant has filed a defence and incurred expenses in engaging counsel, attending court proceedings, and participating in the matter, the defendant is entitled to costs under Civil Procedure Rules Order 25(1).
Family Law — Divorce — Domicile Requirement — Cross Petition
Under Divorce Act s.1, the requirement of domicile in Uganda applies at the time the petition is presented. A cross petitioner's domicile in Uganda at the time of filing the cross petition satisfies the statutory requirement, and the cross respondent's subsequent change of domicile does not affect the validity of the cross petition.
Family Law — Divorce — Cross Petition — Withdrawal of Main Petition
A cross petition in divorce proceedings remains valid and should proceed to hearing even where the main petition has been withdrawn, provided the cross petitioner has not withdrawn the cross petition and the domicile requirement is satisfied.

Legislation cited (3)

Full judgment

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

Slowey Shauna Sutton v Nigel Sutton (Divorce Cause No. 63 of 2013) [2014] UGHCFD 240 (11 November 2014)
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.