Wokomoli v Wanda & 2 Ors (HCT-04-CV-CA-0059-2008) [2010] UGHC 30 (11 March 2010)


THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HOLDEN AT MBALE



HCT-04-CV-CA-0059-2008

(From Mbale CS No. 18 – 2007)

WOKOMOLI NICHOLAS…………………………………………………APPELLANT

VERSUS

  1. WANDA NELSON

  2. MANDALI GEORGE

  3. KHARENDE CHRISTOPHER……………………………………..…RESPONDENTS



BEFORE: THE HON. MR. JUSTICE MUSOTA STEPHEN



11.3.2010

Appellant in court unrepresented.

Respondents absent unrepresented.

Wanale Interpreter.



Court: Proceed for the respondents were aware of today’s hearing.

Appellant: The lower court didn’t award me costs. That is my only problem.



Musota Stephen

JUDGE

11.3.2010

JUDGMENT



I perused the lower court’s record and found that the trial magistrate did not award the appellant costs. No reasons were assigned for this omission. It is trite law that in civil litigation costs follow the event unless court gives reasons for not awarding costs. In absence of such reasons it was unfair to deny the appellant costs. He will get the taxed costs in the lower court. As regards the appeal since the respondents were not responsible for the trial magistrate’s decision each party will bear its own costs.



Court: Judgment delivered.



Musota Stephen

JUDGE

11.3.2010



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