[2025] UGHCLD 104
The court found that since the appeal from which the application arose had already been dismissed, the application itself was overtaken by events and could not be maintained. The application was therefore dismissed. The court further ordered that each party should bear their own costs, exercising its discretion...
Source-derived case information.
- Citation
- [2025] UGHCLD 104
- Parties
- Applicant: Bukera Bosco; Applicant: Mugisha Henry; Applicant: Mutiibwa Innocent; Applicant: Kigundu Ahmada; Applicant: Kabeera Jenifer; Respondent: Kabenge Jackson
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Misc.Application No.O648 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed as overtaken by dismissal of appeal
- Judges
- Alividza, J
- Legal Topics
- Dismissal of Application, Costs Award, Effect of Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bukera Bosco
Applicant
Mugisha Henry
Applicant
Mutiibwa Innocent
Applicant
Kigundu Ahmada
Applicant
Kabeera Jenifer
Applicant
Kabenge Jackson
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application can be maintained after the dismissal of the related appeal.
- 2 Who should bear the costs of the application.
Ratio Decidendi
The court found that since the appeal from which the application arose had already been dismissed, the application itself was overtaken by events and could not be maintained. The application was therefore dismissed. The court further ordered that each party should bear their own costs, exercising its discretion under the Civil Procedure Act.
Court Disposition
application dismissed as overtaken by dismissal of appeal
Orders
- The application is dismissed as overtaken by the dismissal of the appeal.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
13 paragraphs
## THE REPUBLIC OF UGANDA 5 IN THE HIGHCOURT OF UGANDA AT KAMPALA **LAND DIVISION MISC. APPLICATION NO.0648 OF 2023** (ARISING FROM CIVIL APPEAL NO. 35 OF 2023) **BUKERA BOSCO:::::::::::::::::::::::::::::::::::** $10$ **MUGISHA HENRY::::::::::::::::::::::::::::::::::::** MUTIIBWA INNOCENT:::::::::::::::::::::::::::::::::::: KIGUNDU AHMADA:::::::::::::::::::::::::::::::::: KABEERA JENIFER:::::::::::::::::::::::::::::::::::: **VERSUS** 15 **KABENGE** JACKSON:::::::::::::::::::::::::::::::::::: BEFORE HON LADY JUSTICE ELIZABETH JANE ALIVIDZA
## **RULING**
Both parties filed written submissions that have been considered in 20 determining this Application.
Since the Appeal has been handled and dismissed, this Application is also overtaken by that event and is dismissed.
$\mathbf{1}$
Each party bears their own costs.
Elizabeth Jane Alividza
Judge
Date 23/6/2025
## Ruling delivered on BCCMIS
Elizabeth Jane Alividza
Judge
35