Costs

Naluwooza v Namwandu Yake Lunkuse Kyaze& 2 Ors ((Civil Appeal No.59 Of 2009)) [2009] UGHC 149 (2 April 2009);

Flynote: 

Search Summary: 

In this case, the appellant brought this suit against the decision of the Chief magistrate, where it had been stated that the appellant was entitled to pay costs to the first and third respondents, before proceeding further with the case against the second respondent and his legal representative.

 

The appellant intended to withdraw the case against both the first and third respondents so that she could maintain the suit against the second respondent. The withdrawal was recorded and the trail magistrate ordered that she first pays costs to the first and third respondents.

 

Headnote and Holding: 

The court found that the first and third respondents had died, and that the Chief Magistrate was well aware of their death. The court thus found that it was illegal and irregular to order for payment of costs in respect of parties that had already died.

 

Accordingly, the appeal was allowed, with orders that the order of the Chief Magistrate be set aside for illegality.

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