{UAH} IS IT LEGAL FOR COURT TO DISMISS MY CASE BECAUSE I REFUSED TO PAY SECURITY FOR COSTS?
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IS IT LEGAL FOR COURT TO DISMISS MY CASE BECAUSE I REFUSED TO PAY SECURITY FOR COSTS?
A sued B for losing his laptop valued at 5 million.
B asked for proof that A could compensate him for his wasted time if he lost. B asked for this compensation before the court could hear the case.
The Magistrate ordered A to deposit at least UGX 500,000 as proof. A instead refused to pay claiming the magistrate had bribed. The Magistrate dismissed A´s case against B.
IS WHAT HAPPENED TO "A" EVEN LEGAL?
In civil cases, (cases where people sue others), there is always a 'winner' and a 'loser'. In most cases, the court will order the 'loser' to pay the costs incurred by the winner in the trial/case. However, the court may not always be sure you have the money to pay if you lose and will therefore ask one to make a deposit. This is called "Security for Costs".
WHAT IS SECURITY FOR COSTS?
It is money, property, or a bond given to a court by a plaintiff (the one suing e.g. A) to secure the payment of court costs if that A loses.
The importance of "Security for Costs" is to ensure that B is not being put through undue expenses (for example paying a lawyer) defending a suit that has no merit or unserious and has no value.
AM I SUPPOSED TO PAY SECURITY FOR COSTS EVERYTIME I SUE SOMEONE?
No.
The purpose of the law is not to only help or allow 'rich' people to sue each other or 'poor' people. If this were the case, then all the less-rich people would never sue even if they had good cases.
The court first of all requires an application for this "Security for Costs". Secondly, before A is asked to deposit security for costs, court must inquire and establish:
1.That B is being put to undue expenses by defending a frivolous and vexatious suit, (meaning that the case is unserious, time wasting, against the law or simply plain annoying)
2. That B has a good defence to A's suit and as result A's suit is not likely to succeed.
If A fails or refuses to deposit security for costs in the time fixed, his case or suit against B will be dismissed or struck out and it will be legal for the magistrate to do so.
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-- A sued B for losing his laptop valued at 5 million.
B asked for proof that A could compensate him for his wasted time if he lost. B asked for this compensation before the court could hear the case.
The Magistrate ordered A to deposit at least UGX 500,000 as proof. A instead refused to pay claiming the magistrate had bribed. The Magistrate dismissed A´s case against B.
IS WHAT HAPPENED TO "A" EVEN LEGAL?
In civil cases, (cases where people sue others), there is always a 'winner' and a 'loser'. In most cases, the court will order the 'loser' to pay the costs incurred by the winner in the trial/case. However, the court may not always be sure you have the money to pay if you lose and will therefore ask one to make a deposit. This is called "Security for Costs".
WHAT IS SECURITY FOR COSTS?
It is money, property, or a bond given to a court by a plaintiff (the one suing e.g. A) to secure the payment of court costs if that A loses.
The importance of "Security for Costs" is to ensure that B is not being put through undue expenses (for example paying a lawyer) defending a suit that has no merit or unserious and has no value.
AM I SUPPOSED TO PAY SECURITY FOR COSTS EVERYTIME I SUE SOMEONE?
No.
The purpose of the law is not to only help or allow 'rich' people to sue each other or 'poor' people. If this were the case, then all the less-rich people would never sue even if they had good cases.
The court first of all requires an application for this "Security for Costs". Secondly, before A is asked to deposit security for costs, court must inquire and establish:
1.That B is being put to undue expenses by defending a frivolous and vexatious suit, (meaning that the case is unserious, time wasting, against the law or simply plain annoying)
2. That B has a good defence to A's suit and as result A's suit is not likely to succeed.
If A fails or refuses to deposit security for costs in the time fixed, his case or suit against B will be dismissed or struck out and it will be legal for the magistrate to do so.
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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)
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