[2023] UGCommC 295
The court, upon the applicant's request and the respondent's lack of objection, exercised its discretion under Order 25 rule 1 (2) of The Civil Procedure Rules to allow withdrawal of the application. The judge determined that each party should bear its own costs, as the withdrawal was consensual and no substantive...
Source-derived case information.
- Citation
- [2023] UGCommC 295
- Parties
- Applicant: Rosemary Namakula Mbirontono T/a Evelyn Shop; Respondent: Kiboko Enterprises Limited
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 2848 of 2023
- Procedural Posture
- Miscellaneous Application / Withdrawal Before Hearing
- Outcome
- application withdrawn by leave of court
- Judges
- Stephen Mubiru, J
- Legal Topics
- Withdrawal of Application, Costs Award, Discontinuance of Suit
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Rosemary Namakula Mbirontono T/a Evelyn Shop
Applicant
Kiboko Enterprises Limited
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal Before Hearing
Legal Issues
- 1 Whether the applicant should be granted leave to withdraw the application under Order 25 rule 1 (2) of The Civil Procedure Rules.
- 2 Whether costs should be awarded to either party upon withdrawal of the application.
Ratio Decidendi
The court, upon the applicant's request and the respondent's lack of objection, exercised its discretion under Order 25 rule 1 (2) of The Civil Procedure Rules to allow withdrawal of the application. The judge determined that each party should bear its own costs, as the withdrawal was consensual and no substantive hearing had occurred. The application was accordingly withdrawn with no order as to costs.
Court Disposition
application withdrawn by leave of court
Orders
- The application stands withdrawn.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
21 paragraphs
# **THE REPUBLIC OF UGANDA**
### **IN THE HIGH COURT OF UGANDA SITTING AT KAMPALA**
### **(COMMERCIAL DIVISION)**
### **MISCELLANEOUS APPLICATION No. 2848 OF 2023**
### 5 **(Arising from Civil Suit No. 0709 of 2021)**
**ROSEMARY NAMAKULA MBIRONTONO T/a EVELYN SHOP …………… APPLICANT**
### **VERSUS**
### 10 **KIBOKO ENTERPRISES LIMITED ………………………………… RESPONDENT**
### **Before: Hon Justice Stephen Mubiru.**
#### **PROCEEDINGS**
6th December, 2023. 3.11 pm
## 15 Attendance
Mr. Busuulwa Cypress Bill, Court Clerk. Ms. Derrick Isabirye, Counsel for the applicant is in court. The applicant is in court. Mr. Jesse Magala holding brief for Mr. Bernard Mutyaba, Counsel for the respondent is 20 in court.
Mr. Timothy Ahumuza, Manager Recoveries of the respondent is in court.
### **Counsel for the applicants**:
We seek leave to withdraw the application.
### 25 **Counsel for the respondent**:
We have no objection.
**Court;** under Order 25 rule 1 (2) of *The Civil Procedure Rules*, the plaintiff may with the leave of court, withdraw or discontinue a suit, and the court may, before or at, or after hearing upon such terms as to costs, and as to any other suit, and otherwise as may be just, order the action to be
30 discontinued. Since the applicant has indicated it is no longer interested in proceeding with the application, the application stands withdrawn with each party to bear its costs.
…………………………….. Stephen Mubiru Judge 6th 35 December, 2023. 3:23 pm.