By way of pleading in the 1st defendants written statement of defence filed on 17th January, 2024, preliminary objections were raised to the effect that the instant suit is res-subjudice and ought to be stayed pending disposal of High Court at Gulu, civil suit no. 18 of 2013-Dulu Wilson & 3 Others –Vs- Daniel Ambaku Alias Bera & 56 Others.
When the matter came up for scheduling on the 15th January, 2024, by consent of both parties, the preliminary objection was set down for hearing and disposal. The parties agreed to file written submissions, which they did and I have duly taken the same into consideration in making this ruling. I appreciate the input of both Counsel.
Representation:
1. The plaintiff was represented by Mr. Komakech Steven from M/S Francis Owiny & Co. Advocates
2. The Defendants were represented by Mr. Etoma Joseph from M/S Uganda Law Society Legal aid
“Section 27 of the Civil Procedure Act, provides that costs are within the discretion of the court. I hereby grant costs to the plaintiffs and the same shall remain in the cause.”
FULL JUDGEMENT/RULING
Download Here: RULING.PO. SUBJUDICE. CIVIL_104928