[2022] UGCA 122
The application was dismissed as it was withdrawn by the applicant in writing. The court exercised its discretion not to award costs, considering the circumstances of withdrawal and absence of opposition or substantive hearing.
Source-derived case information.
- Citation
- [2022] UGCA 122
- Parties
- Applicant: Kellen Muhimbise; Respondent: Mohammed Saleh Ali; Respondent: George Begumisa
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 309 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed as withdrawn
- Judges
- Kakuru, JA
- Legal Topics
- Withdrawal of Application, Costs Award, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kellen Muhimbise
Applicant
Mohammed Saleh Ali
Respondent
George Begumisa
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application should be dismissed following its withdrawal by the applicant.
- 2 Whether costs should be awarded upon withdrawal of the application.
Ratio Decidendi
The application was dismissed as it was withdrawn by the applicant in writing. The court exercised its discretion not to award costs, considering the circumstances of withdrawal and absence of opposition or substantive hearing.
Court Disposition
application dismissed as withdrawn
Orders
- The application is dismissed having been withdrawn by the applicant in writing.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
## THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
**MISCELLANEOUS APPLICATION NO. 309 OF 2021)**
(Arising from Miscellaneous Application 308 of 2021)
(Also arising from Civil Appeal No. 222 of 2013)
(Also arising from Civil Suit No. 09 of 2009)
<table>
KELLEN MUHIMBISE APPLICANT
**VERSUS**
1. MOHAMMED SALEH ALI
2. GEORGE BEGUMISA ....................................
CORAM: Hon. Mr. Justice Kenneth Kakuru, JA
**RULING OF JUSTICE KENNETH KAKURU, JA**
(Single Justice)
This application is dismissed having been withdrawn by the applicant in writing.
No order as to costs.
**Dated** at **Kampala** this....................................
Kenneth Kakuru **IUSTICE OF APPEAL**