Rosemary Namakula Mbirontono T/A Evelyn Shop v Kiboko Enterprises Limited (Miscellaneous Application No. 2848 of 2023) [2023] UGCommC 295 (6 December 2023)

# **THE REPUBLIC OF UGANDA**

### **IN THE HIGH COURT OF UGANDA SITTING AT KAMPALA**

### **(COMMERCIAL DIVISION)**

### **MISCELLANEOUS APPLICATION No. 2848 OF 2023**

### 5 **(Arising from Civil Suit No. 0709 of 2021)**

**ROSEMARY NAMAKULA MBIRONTONO T/a EVELYN SHOP …………… APPLICANT**

### **VERSUS**

### 10 **KIBOKO ENTERPRISES LIMITED ………………………………… RESPONDENT**

### **Before: Hon Justice Stephen Mubiru.**

#### **PROCEEDINGS**

6th December, 2023. 3.11 pm

## 15 Attendance

Mr. Busuulwa Cypress Bill, Court Clerk. Ms. Derrick Isabirye, Counsel for the applicant is in court. The applicant is in court. Mr. Jesse Magala holding brief for Mr. Bernard Mutyaba, Counsel for the respondent is 20 in court.

Mr. Timothy Ahumuza, Manager Recoveries of the respondent is in court.

### **Counsel for the applicants**:

We seek leave to withdraw the application.

### 25 **Counsel for the respondent**:

We have no objection.

**Court;** under Order 25 rule 1 (2) of *The Civil Procedure Rules*, the plaintiff may with the leave of court, withdraw or discontinue a suit, and the court may, before or at, or after hearing upon such terms as to costs, and as to any other suit, and otherwise as may be just, order the action to be

30 discontinued. Since the applicant has indicated it is no longer interested in proceeding with the application, the application stands withdrawn with each party to bear its costs.

…………………………….. Stephen Mubiru Judge 6th 35 December, 2023. 3:23 pm.