THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA
BEFORE: HON. JUSTICE G.W. KANYEIHAMBA
CIVIL APPLICATION NO: 9/98
G.M. COMBINED (U) LTD…………….APPELLANTS/RESPONDENT
A.K. DETERGENTS & 4 OTHERS ………...RESPONDENTS/APPLICANTS
This is an application for security for costs. In the interests of justice and the benefit of both parties I will make my ruling now and will give reasons later on notice.
It is always very difficult in a situation of this kind to come up with a decision that can please both sides, but a decision must be made. I want first to thank Counsel for both applicants and the respondent for bringing out the relevant issues so clearly and for cogent reasons and sound submissions for them.
Having listened to all the submissions and reviewed the leading authorities on security for costs and bearing in mind the costs already incurred, those likely to be incurred and the circumstances of this applications, I am satisfied that the applicants have made out a convincing case for further security for costs. I am also concerned with the pertinent submission by respondent's counsel that this court should never be a party to fettering a litigant's right to pursue its interests to the limits permitted by law.
Taking into account all this, I rule that respondents must give some further security for costs to each of the applicants who appeared or were represented before me. The sum which I am shortly to indicate shall be deposited in court before Civil Appeal No: 7 of 1998 before this court can be heard.
It is in the interests of the parties that I make this ruling now. I will give reasons for it later, on notice.
This application is allowed. I order the respondent to pay as further security for costs the sum of Ug. shs 50,000,000/= in respect of each applicant. The money shall be deposited in court before the hearing of appeal No, 7 of 1998 by this court on 3rd, December, 1998.
THIS DAY OF 24TH NOVEMBER, 1998
JUSTICE OF THE SUPREME COURT