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Ensinikweri v Reed International Inc. (Labour Dispute Miscellaneous Application 78 of 2021) [2021] UGIC 100 (2 June 2021)
- Citation
- [2021] UGIC 100
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Industrial Court of Uganda
- Panel
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mugambwa, Panel Member, Mubuuke, Panel Member
- Case number
- Labour Dispute Miscellaneous Application 78 of 2021
- Language
- English
More details
- Court
- Industrial Court of Uganda
- Panel
- Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mugambwa, Panel Member, Mubuuke, Panel Member
- Case number
- Labour Dispute Miscellaneous Application 78 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the error in naming the respondent was entirely the fault of the applicant. After withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn. However, considering that the applicant saved the court's time by withdrawing both the application and the main suit, the court exercised its discretion to order the applicant to pay only half of the taxed costs of the application, rather than the full costs.
Court disposition
Application and main suit withdrawn; applicant to pay half the taxed costs of the application.
Orders
- The applicant shall pay half (1/2) of the taxed costs of this application.
02
Material facts
Parties
Ensinikweri Denis
ApplicantReed International Inc
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Costs After Withdrawal of Suit
04
Questions and positions
Legal issues
- 01
Whether costs should be awarded after withdrawal of the main suit and application.
- 02
Whether the applicant is liable for costs when the withdrawal was due to his own error in naming the respondent.
Party arguments
- Applicant
- The applicant withdrew both the application and the main suit, thereby saving the court's time, and sought that costs should not be awarded against him or should be in the cause.
- Respondent
- The respondent argued that since the withdrawal was due to the applicant's own error in naming the respondent, and the suit was withdrawn, costs should not be in the cause but should be paid by the applicant.
05
Court’s reasoning
Legal principles
- 01
Order 8 Rule 2 of the Civil Procedure Rules; general principles of costs in civil litigation
Costs follow the event and are generally awarded to the successful party unless the court directs otherwise.
- 02
Court's interpretation in the present ruling
Where a suit is withdrawn, costs cannot be in the cause as the cause no longer exists.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the error in naming the respondent was entirely the fault of the applicant. After withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn. However, considering that the applicant saved the court's time by withdrawing both the application and the main suit, the court exercised its discretion to order the applicant to pay only half of the taxed costs of the application, rather than the full costs.
Obiter and limits
- The court noted that the Registrar issued the notice of claim in the wrong names only because the claimant had filed the memorandum of claim in those names, and it was not the court's fault.
Court disposition
Application and main suit withdrawn; applicant to pay half the taxed costs of the application.
- The applicant shall pay half (1/2) of the taxed costs of this application.
Source and reliance status
Industrial Court of 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.
Industrial Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPLN. NO. 078 OF 2021 (ARISING FROM LDR No. 064 OF 2021)
BETWEEN
ENSINIKWERI DENIS APPLICANT
AND
REED INTERNATIONAL INC RESPONDENT
BEFORE
- 1. Hon. Chief Judge Ruhinda Ntengye Asaph - 2. Hon. Judge Linda Lillian Tumusiime Mugisha
PANELISTS
- 1. Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke
RULING
7 On perusal of the file, we find that the reference of the Labour Officer was in the right names of Reed International Inc.
The Registrar of the court issued <sup>a</sup> notice of claim in the names of Reed International Insurance after the claimant had filed <sup>a</sup> Memorandum of Claim in the same wrong names. It was therefore not the fault of the court to issue the notice of claim in the same names. It was entirely the fault of the Claimant/Applicant. We agree with the Respondent that after withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn.
\*
1 | P a g e
However given that the Applicant by withdrawing both application and main suit has saved courts time, he shall pay <sup>1</sup>/<sup>2</sup> the taxed costs of this application.
DELIVERED & SIGNED BY:
- 1. Hon. Chief Judge Ruhinda Asaph Ntengye - 2. Hon. Lady Justice Linda Lillian Tumusiime Mugisha A
PANELISTS
- 1. Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke
Dated:02/6/2021
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