Stanbic Bank Uganda v Muddu Awulira Enterprises Ltd (Civil Application No.67 of 2016) [2018] UGCA 4 (12 January 2018)

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Civil Procedure|Actions and applications

Case summary

The observed its unfettered discretion at any stage of proceedings to compel any party to pay a sum in court as security of costs in the lower court. The court also stated that the basis of the application was that the respondents might fail to pay the legal costs awarded by the lower court. The court observed that the application was impecunious as a grant of costs is never made on the ground of poverty and that justice is open to all poor and rich; and that the respondents had mortgaged their properties to the applicant as security for the loan and the applicant cannot turn around to apply for security of costs. The application was thereby dismissed.

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