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Rosemary Namakula Mbirontono T/A Evelyn Shop v Kiboko Enterprises Limited (Miscellaneous Application No. 2848 of 2023) [2023] UGCommC 295 (6 December 2023)
- Citation
- [2023] UGCommC 295
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Commercial Court of Uganda
- Panel
- Stephen Mubiru, J
- Case number
- Miscellaneous Application No. 2848 of 2023
- Language
- English
More details
- Court
- Commercial Court of Uganda
- Panel
- Stephen Mubiru, J
- Case number
- Miscellaneous Application No. 2848 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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 The application was accordingly withdrawn with no order as to costs.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application withdrawn by leave of court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- The application stands withdrawn.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.
02
Material facts
Parties
Rosemary Namakula Mbirontono T/a Evelyn Shop
Applicant Counsel: Ms. Derrick IsabiryeKiboko Enterprises Limited
Respondent Counsel: Mr. Jesse Magala (holding brief for Mr. Bernard Mutyaba)03
Procedural history
Posture
Miscellaneous Application / Withdrawal Before Hearing
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted leave to withdraw the application under Order 25 rule 1 (2) of The Civil Procedure Rules.
- 02
Whether costs should be awarded to either party upon withdrawal of the application.
Party arguments
- Applicant
- Counsel for the applicant sought leave of court to withdraw the application, indicating no further interest in proceeding with it.
- Respondent
- Counsel for the respondent raised no objection to the withdrawal of the application.
05
Court’s reasoning
Legal principles
- 01
Order 25 rule 1 (2) of The Civil Procedure Rules
A plaintiff may, with leave of court, withdraw or discontinue a suit at any stage, and the court may order discontinuance upon such terms as to costs as may be just.
06
Ratio, limits and disposition
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
- The application stands withdrawn.
- Each party shall bear its own costs.
Source and reliance status
Commercial 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.
Commercial Court of Uganda
Judgment
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.
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