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Muhimbise v Mohamed Saleh Ali and Another (Miscellaneous Application No. 309 of 2021) [2022] UGCA 122 (14 April 2022)
- Citation
- [2022] UGCA 122
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kakuru, JA
- Case number
- Miscellaneous Application No. 309 of 2021
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kakuru, JA
- Case number
- Miscellaneous Application No. 309 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application was dismissed as it was withdrawn by the applicant in writing.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application dismissed as withdrawn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- The application is dismissed having been withdrawn by the applicant in writing.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.
02
Material facts
Parties
Kellen Muhimbise
ApplicantMohammed Saleh Ali
RespondentGeorge Begumisa
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the application should be dismissed following its withdrawal by the applicant.
- 02
Whether costs should be awarded upon withdrawal of the application.
Party arguments
- Applicant
- The applicant withdrew the application in writing, indicating no intention to proceed.
- Respondent
- No arguments were recorded from the respondents as the application was withdrawn before substantive hearing.
05
Court’s reasoning
Legal principles
- 01
Court practice and procedure
An application withdrawn by the applicant may be dismissed by the court without a substantive hearing.
- 02
Court practice and procedure
Where an application is withdrawn, the court may exercise discretion not to award costs.
06
Ratio, limits and disposition
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The application was dismissed as it was withdrawn by the applicant in writing.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application dismissed as withdrawn
- The application is dismissed having been withdrawn by the applicant in writing.
- No order as to costs.
Source and reliance status
Court of Appeal 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.
Court of Appeal of Uganda
Judgment
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
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