[1999] UGCA 70
The application was withdrawn by consent of both parties under Rule 42(3)(b) of the Court of Appeal Rules. The applicant conceded to the respondent's request for costs, and the court ordered that the application be struck out with costs awarded to the respondent. The decision was based on the procedural rule...
Source-derived case information.
- Citation
- [1999] UGCA 70
- Parties
- Applicant: Fred Bogere; Respondent: Mohamed Buwule
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 24/99
- Procedural Posture
- Miscellaneous Application / Withdrawal
- Outcome
- application withdrawn by consent; struck out with costs to respondent
- Judges
- kato ,JA, Okello, JA, Berko, JA
- Legal Topics
- Withdrawal of Application, Costs Award, Court Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Bogere
Applicant
Mohamed Buwule
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal
Legal Issues
- 1 Whether the application should be withdrawn by consent under Rule 42(3)(b) of the Court of Appeal Rules.
- 2 Whether costs should be awarded to the respondent upon withdrawal of the application.
Ratio Decidendi
The application was withdrawn by consent of both parties under Rule 42(3)(b) of the Court of Appeal Rules. The applicant conceded to the respondent's request for costs, and the court ordered that the application be struck out with costs awarded to the respondent. The decision was based on the procedural rule permitting withdrawal by consent and the established practice of awarding costs to the party who incurs expenses due to the withdrawal.
Court Disposition
application withdrawn by consent; struck out with costs to respondent
Orders
- The application is withdrawn and struck out.
- The applicant shall pay the respondent's costs of this application.
Full Case Text
Judgment text and source record
41 paragraphs
### THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPLICATION NO. 24/99
FRED BOGERE...................................
### VERSUS
### $10$
$\scriptstyle\frac{1}{2}$
MOHAMED BUWULE.................................
HON. MR. JUSTICE C. M. KATO, J. A. CORAM: HON. MR. JUSTICE G. M. OKELLO, J. A. HON. MR. JUSTICE J. P. BERKO, J. A.
$3<sup>rd</sup>$ September, 1999.
Mr. S. K. Katende for the Applicant. Mr. Joseph Kiryowa for Respondent.
- 20 - I have instruction to withdraw the Katende:application under Rule $42(3)(b)$ of the Rules of this Court. - have no objection for the $\top$ Kiryowa:withdrawal but ask for costs for we have incurred costs. - Katende:- We concede to costs. 30 - Court:-Application is withdrawn. The applicant to pay the respondents costs of this application.
# G. M. Okello Justice of Appeal.
## THE REPUBLIC OF UGANDA
### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
## CIVIL APPLICATION NO. 24/99
FRED BOGERE...................................
$10$
# VERSUS
MOHAMED BUWULE..................................
HON. MR. JUSTICE C. M. KATO, J. A. CORAM: HON. MR. JUSTIE G. M. OKELLO, J. A. HON. MR. JUSTICE J. P. BERKO, J. A.
3<sup>rd</sup> September, 1999.
- S. K. Katende for Applicant. $20$ Joseph Kiryowa for respondent. - I have instructions to withdraw S. K. Katende:the application under rule $42(3)(b)$ by consent. - I have no objection subject to Kiryowa:costs. - Katende:-I concede to costs. 30 - The matter is struck out as Court:withdrawn. Costs in favour of respondent.
# J. P. Berko Justice of Appeal.
## THE REPUBLIC OF UGANDA
### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
## CIVIL APPLICATION NO. 24/99
FRED BOGERE...................................
### **VERSUS**
MOHAMED BUWULE..................................
HON. MR. JUSTICE C. M. KATO, J. A. CORAM: HON. MR. JUSTICE G. M. OKELLO, J. A. HON. MR. JUSTICE J. P. BERKO, J. A.
$3<sup>rd</sup>$ September, 1999.
S. K. Katende for applicant. Joseph Kiryowa for respondent. 20
My instructions to withdraw this Katende: application under rule $42(3)(b)$ of the Rules of this court.
I have no objection but I pray Kiryowa: for costs as we have come to court.
I concede to costs. Katende: 30
Application is withdrawn and Court: struck out with costs to the respondent.
> C. M. Kato Justice of Appeal. G. M. Okello
Justice of Appeal.
J. P. Berko Justice of Appeal.
40