[2021] UGIC 100
The court found that the error in naming the respondent was entirely the fault of the applicant. After withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn. However, considering that the applicant saved the court's time by withdrawing both the application and the main...
Source-derived case information.
- Citation
- [2021] UGIC 100
- Parties
- Applicant: Ensinikweri Denis; Respondent: Reed International Inc
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Miscellaneous Application 78 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Costs After Withdrawal of Suit
- Outcome
- Application and main suit withdrawn; applicant to pay half the taxed costs of the application.
- Judges
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mugambwa, Panel Member, Mubuuke, Panel Member
- Legal Topics
- Withdrawal of Suit, Costs Award, Labour Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ensinikweri Denis
Applicant
Reed International Inc
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether costs should be awarded after withdrawal of the main suit and application.
- 2 Whether the applicant is liable for costs when the withdrawal was due to his own error in naming the respondent.
Ratio Decidendi
The court found that the error in naming the respondent was entirely the fault of the applicant. After withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn. However, considering that the applicant saved the court's time by withdrawing both the application and the main suit, the court exercised its discretion to order the applicant to pay only half of the taxed costs of the application, rather than the full costs.
Court Disposition
Application and main suit withdrawn; applicant to pay half the taxed costs of the application.
Orders
- The applicant shall pay half (1/2) of the taxed costs of this application.
Full Case Text
Judgment text and source record
20 paragraphs
# **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPLN. NO. 078 OF 2021 (ARISING FROM LDR No. 064 OF 2021)**
# **BETWEEN**
**ENSINIKWERI DENIS APPLICANT**
# **AND**
**REED INTERNATIONAL INC RESPONDENT**
#### **BEFORE**
- 1. Hon. Chief Judge Ruhinda Ntengye Asaph - 2. Hon. Judge Linda Lillian Tumusiime Mugisha
#### **PANELISTS**
- 1. Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke
#### **RULING**
7 On perusal of the file, we find that the reference of the Labour Officer was in the right names of Reed International Inc.
The Registrar of the court issued <sup>a</sup> notice of claim in the names of Reed International Insurance after the claimant had filed <sup>a</sup> Memorandum of Claim in the same wrong names. It was therefore not the fault of the court to issue the notice of claim in the same names. It was entirely the fault of the Claimant/Applicant. We agree with the Respondent that after withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn.
**\***
**1** | P a g e
However given that the Applicant by withdrawing both application and main suit has saved courts time, he shall pay <sup>1</sup>/<sup>2</sup> the taxed costs of this application.
# **DELIVERED** & **SIGNED BY:**
- 1. Hon. Chief Judge Ruhinda Asaph Ntengye - 2. Hon. Lady Justice Linda Lillian Tumusiime Mugisha A
## **PANELISTS**
- **1.** Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke
# Dated:02/6/2021