Wakilii

Tumwebaze v Centenary Rural Development Bank [2024] UGHC 1228

High Court · 2024 Application Withdrawn — No Order as to Costs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to stop mortgage sale brought under Regulation 13 of the Mortgage Regulations, withdrawn before respondent filed affidavit in reply
Decision
Application withdrawn with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where an applicant withdraws a civil application before the respondent files an affidavit in reply, the applicant is not liable for the respondent's costs. Documents uploaded on ECCMIS constitute effective service on all interested parties with the time of activity recorded. The court will not condemn a party to costs for withdrawing before the opposite party has responded.

Outcome

Application withdrawn with no order as to costs

Facts

The applicant sought to stop the sale of mortgaged properties (land in Wakiso and Kiruhura districts) pledged as security for a loan facility of UGX 400,000,000. The respondent bank had recalled the facility prematurely for UGX 309,577,238. The applicant proposed to deposit 50% of the outstanding amount to redeem the properties. On 25 March 2024 at 4:30 pm, the applicant filed a notice of withdrawal on ECCMIS and served it on the respondent on 26 March 2024 at 9:02 am. The respondent filed an affidavit in reply on 26 March 2024 at 9:58 am, after service of the withdrawal notice. The respondent had previously filed a substantive suit against the applicant in the High Court at Mukono (C.S. No. 84/2023) for recovery of the outstanding loan of UGX 394,387,573.

Issues

  1. Whether Miscellaneous Application No. 100 of 2023 should be withdrawn with costs

Orders

  • Application withdrawn with no orders as to costs.
  • Each party shall bear its own costs.

Rules and key headnotes

Civil Procedure — Withdrawal of Applications — Costs — Withdrawal Before Filing of Reply
An applicant who withdraws a civil application before the respondent files an affidavit in reply cannot be condemned to pay the respondent's costs of the withdrawn application.
Civil Procedure — Electronic Filing — ECCMIS — Service and Timing
Any document uploaded on the Electronic Court Case Management System (ECCMIS) constitutes effective service on all interested parties in the matter, and the time any activity is recorded on ECCMIS serves as proof of when that activity occurred.
Civil Procedure — Costs — Withdrawal After Defence Not Automatic Entitlement
It is not automatic that whenever a withdrawal is made after delivery of the defence, the defendant is entitled to costs; the court retains discretion in awarding costs on withdrawal.

Legislation cited (4)

Cases cited (1)

  • Kaswara Hassan Ali v Fort Portal Municipal Council (Miscellaneous Application No. 105 of 2019)

Full judgment

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

Tumwebaze v Centenary Rural Development Bank 2024 UGHC 1228 (1 April 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.