[2016] UGHCCD 86
The court found that since both parties, through their respective counsel, agreed to withdraw the application and further agreed that each party should bear its own costs, there was no reason to object. The application was therefore withdrawn without an order as to costs. The court exercised its discretion in line...
Source-derived case information.
- Citation
- [2016] UGHCCD 86
- Parties
- Applicant: Bamuturaki Benon; Respondent: Mbabazi Peninah
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- HCT – 01 – CV – MA – 0066 OF 2016
- Procedural Posture
- Miscellaneous Application / Withdrawal of Application Before Disposal
- Outcome
- Application withdrawn by consent of both parties, with no order as to costs.
- Judges
- Ojok, J
- Legal Topics
- Withdrawal of Application, Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bamuturaki Benon
Applicant
Mbabazi Peninah
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal of Application Before Disposal
Legal Issues
- 1 Whether the application should be withdrawn given that execution has already issued.
- 2 Whether costs should be awarded to any party upon withdrawal of the application.
Ratio Decidendi
The court found that since both parties, through their respective counsel, agreed to withdraw the application and further agreed that each party should bear its own costs, there was no reason to object. The application was therefore withdrawn without an order as to costs. The court exercised its discretion in line with the parties' consensus and the principle that costs follow the event unless parties agree otherwise.
Court Disposition
Application withdrawn by consent of both parties, with no order as to costs.
Orders
- The application is withdrawn.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
18 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT FORT PORTAL**
**HCT – 01 – CV – MA – 0066 OF 2016**
**(Arising from FPT – 00 – DC – 0003 of 2015)**
**BAMUTURAKI BENON........................................................................... APPLICANT**
**VERSUS**
**MBABAZI PENINAH .......................................................................... RESPONDENT**
**27/10/2016**
**Representation**: Kizito Deo for the Applicant, Richard Bwiruka for the Respondent.
Both parties in Court.
**Court clerk**: James present.
**Kizito Deo**: I have consulted my client and since execution has already issued before disposal of the Application, the said Application has been overtaken by events. I have talked to my client about the appeal and he has said that the appeal be withdrawn and let each party bear its own costs.
**Richard Bwiruka**: No objection and I agree that let each party bear its own costs.
**Court**: Since both Counsel have agreed to withdraw the appeal without costs. I have no objection but to have this matter withdrawn without costs. I so order.
**......................................**
**OYUKO. ANTHONY OJOK**
**JUDGE**
**27/10/2016**