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Bukera and 4 Others v Kabenge J (Misc.Application No.O648 of 2023) [2025] UGHCLD 104 (23 June 2025)
- Citation
- [2025] UGHCLD 104
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Alividza, J
- Case number
- Misc.Application No.O648 of 2023
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Alividza, J
- Case number
- Misc.Application No.O648 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that since the appeal from which the application arose had already been dismissed, the application itself was overtaken by events and could not be maintained. The application was therefore dismissed. The court further ordered that each party should bear their own costs, exercising its discretion under the Civil Procedure Act.
Court disposition
application dismissed as overtaken by dismissal of appeal
Orders
- The application is dismissed as overtaken by the dismissal of the appeal.
- Each party shall bear their own costs.
02
Material facts
Parties
Bukera Bosco
ApplicantMugisha Henry
ApplicantMutiibwa Innocent
ApplicantKigundu Ahmada
ApplicantKabeera Jenifer
ApplicantKabenge Jackson
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the application can be maintained after the dismissal of the related appeal.
- 02
Who should bear the costs of the application.
Party arguments
- Applicant
- The applicants sought relief in the miscellaneous application arising from the civil appeal, but the appeal was dismissed prior to determination of this application.
- Respondent
- The respondent argued that the application was rendered moot by the dismissal of the appeal and should be dismissed accordingly, with costs.
05
Court’s reasoning
Legal principles
- 01
Ugandan civil procedure jurisprudence
An application arising from an appeal is rendered moot if the appeal itself is dismissed.
- 02
Section 27 of the Civil Procedure Act
Costs follow the event unless the court orders otherwise.
06
Ratio, limits and disposition
Ratio decidendi
The court found that since the appeal from which the application arose had already been dismissed, the application itself was overtaken by events and could not be maintained. The application was therefore dismissed. The court further ordered that each party should bear their own costs, exercising its discretion under the Civil Procedure Act.
Court disposition
application dismissed as overtaken by dismissal of appeal
- The application is dismissed as overtaken by the dismissal of the appeal.
- Each party shall bear their own costs.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA 5 IN THE HIGHCOURT OF UGANDA AT KAMPALA LAND DIVISION MISC. APPLICATION NO.0648 OF 2023 (ARISING FROM CIVIL APPEAL NO. 35 OF 2023) BUKERA BOSCO::::::::::::::::::::::::::::::::::: $10$ MUGISHA HENRY:::::::::::::::::::::::::::::::::::: MUTIIBWA INNOCENT:::::::::::::::::::::::::::::::::::: KIGUNDU AHMADA:::::::::::::::::::::::::::::::::: KABEERA JENIFER:::::::::::::::::::::::::::::::::::: VERSUS 15 KABENGE JACKSON:::::::::::::::::::::::::::::::::::: BEFORE HON LADY JUSTICE ELIZABETH JANE ALIVIDZA
RULING
Both parties filed written submissions that have been considered in 20 determining this Application.
Since the Appeal has been handled and dismissed, this Application is also overtaken by that event and is dismissed.
$\mathbf{1}$
Each party bears their own costs.
Elizabeth Jane Alividza
Judge
Date 23/6/2025
Ruling delivered on BCCMIS
Elizabeth Jane Alividza
Judge
35
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