[2010] UGHC 30
The trial magistrate failed to award costs to the appellant and did not provide any reasons for this omission. The established legal principle is that costs follow the event unless the court provides reasons for not awarding them. In the absence of such reasons, it was unfair to deny the appellant costs. Therefore,...
Source-derived case information.
- Citation
- [2010] UGHC 30
- Parties
- Appellant: Wokomoli Nicholas; Respondent: Wanda Nelson; Respondent: Mandali George; Respondent: Kharende Christopher
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- HCT-04-CV-CA-0059-2008
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal allowed in part; appellant awarded taxed costs in the lower court; each party to bear own costs in the appeal.
- Judges
- Musota, J
- Legal Topics
- Award of Costs, Costs Follow Event, Judicial Discretion in Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wokomoli Nicholas
Appellant
Wanda Nelson
Respondent
Mandali George
Respondent
Kharende Christopher
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to costs in the lower court.
- 2 Whether the trial magistrate erred in failing to award costs without giving reasons.
Ratio Decidendi
The trial magistrate failed to award costs to the appellant and did not provide any reasons for this omission. The established legal principle is that costs follow the event unless the court provides reasons for not awarding them. In the absence of such reasons, it was unfair to deny the appellant costs. Therefore, the appellant is entitled to taxed costs in the lower court. However, since the respondents were not responsible for the magistrate's omission, each party will bear its own costs in the appeal.
Court Disposition
Appeal allowed in part; appellant awarded taxed costs in the lower court; each party to bear own costs in the appeal.
Orders
- Appellant is awarded taxed costs in the lower court.
- Each party shall bear its own costs in the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA**
**HOLDEN AT MBALE**
**HCT-04-CV-CA-0059-2008**
**(From Mbale CS No. 18 – 2007)**
**WOKOMOLI NICHOLAS…………………………………………………APPELLANT**
**VERSUS**
1. **WANDA NELSON** 2. **MANDALI GEORGE** 3. **KHARENDE CHRISTOPHER……………………………………..…RESPONDENTS**
**BEFORE: THE HON. MR. JUSTICE MUSOTA STEPHEN**
11.3.2010
Appellant in court unrepresented.
Respondents absent unrepresented.
Wanale Interpreter.
**Court**: Proceed for the respondents were aware of today’s hearing.
**Appellant**: The lower court didn’t award me costs. That is my only problem.
**Musota Stephen**
**JUDGE**
**11.3.2010**
**JUDGMENT**
I perused the lower court’s record and found that the trial magistrate did not award the appellant costs. No reasons were assigned for this omission. It is trite law that in civil litigation costs follow the event unless court gives reasons for not awarding costs. In absence of such reasons it was unfair to deny the appellant costs. He will get the taxed costs in the lower court. As regards the appeal since the respondents were not responsible for the trial magistrate’s decision each party will bear its own costs.
**Court**: Judgment delivered.
**Musota Stephen**
**JUDGE**
**11.3.2010**