JUDGMENT
ARGUMENTS
This judgment relates to the issue of costs between the appellants and the 1st and 2nd respondents following the withdrawal of suits filed by the 1st and 2nd respondents against the appellants and the 3rd to 12th respondents. In his ruling dated 15th December 2016, the trial Judge, Mbogholi Msagha J. (as he then was), declined to make an order of costs in favour of the appellants against the 1st and 2nd respondents and directed that each party bears its own costs. This is the same order that had been made in a consent entered into between the respondents.
In their Memorandum of Appeal dated 4th August 2017, the appellants contend that the trial court erred in declining to enter judgment on costs in their favour as provided under the mandatory provisions of Order 25 Rule 3 of the Civil Procedure Rules 2010; failing to consider Order 25 Rule 3 under which the appellants’ request for judgment was made; failing to consider the appellants’ submissions but instead accepting …