[2020] UGCA 2181
The court accepted the parties' consent to withdraw Civil Appeal No. 166 of 2016, noting that the withdrawal was based on a mutually agreed settlement. The appellant agreed to pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, and to effect payment within 7 days...
Source-derived case information.
- Citation
- [2020] UGCA 2181
- Parties
- Appellant: Bank of Africa; Respondent: Francis Keeya
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 166 of 2016
- Procedural Posture
- Civil Appeal / Consent Withdrawal Before Hearing
- Outcome
- Appeal withdrawn by consent; settlement recorded; costs awarded to respondent.
- Legal Topics
- Appeal Withdrawal, Amicable Settlement, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bank of Africa
Appellant
Francis Keeya
Respondent
Procedural Posture
Civil Appeal / Consent Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether the respondent is entitled to payment in full and final settlement, including legal costs.
- 3 Whether the appellant should pay the respondent's legal costs upon withdrawal of the appeal.
Ratio Decidendi
The court accepted the parties' consent to withdraw Civil Appeal No. 166 of 2016, noting that the withdrawal was based on a mutually agreed settlement. The appellant agreed to pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, and to effect payment within 7 days by electronic transfer. The court further ordered the appellant to pay legal costs of UGX 4,000,000. The withdrawal and settlement were endorsed by the court as binding, and the appeal was accordingly marked as withdrawn with no further claims arising from the subject matter of the appeal.
Court Disposition
Appeal withdrawn by consent; settlement recorded; costs awarded to respondent.
Orders
- Civil Appeal No. 166 of 2016 is withdrawn by consent of the parties.
- The appellant shall pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, within 7 days by electronic transfer.
Full Case Text
Judgment text and source record
40 paragraphs

#### **CONSENT WITHDRAW OF APPEAL**
**BY CONSENT** of the Parties, and in the presence of their counsel, counsel **Henry Ddungu** for the Appellant and **Dennis Ayigihugu Kwizera** Counsel for the Respondent, the Parties have agreed as follows, that:-
$1.$ Civil Appeal No. 166 of 2016 be withdrawn.
Appellant pays Legal Costs of **UGX. 4,000,000/= (Shillings Four Million Only).** $2.$
$3.$ Other terms of this Consent are as per Annexture hereto attached.
day of *ployembac* $2020.$ Dated at Kampala this.
REHMAH NABUNYA We con **Company Secretary** BANK OF AFRICA - UGANDA LID. **BANK OF AFRICA**
BANK OF AFRICA REPRESENTATIVE (Appellant)
M/S Ssekana Associated Advocates $\mathbf{A}^{(0)}_{\mathbf{Q}^{(0)}}$ **Consultants** (Counsel for the Appellant)
**FRANCIS KEEYA** (Respondent)
M/S Ayigihugu & Co. Advocates (Counsel for the Respondent)
Nuvemb GIVEN UNDER my Hand and the Seal of this Honourable Court this... Dav of 2020.
JUDGE /-REGISTRAR
Drawn & Filed By: M/S Ssekana Associated Advocates & Consultants Plot 4 Pilkington Road, Colline House P. O. Box 70075 **Kampala** $CS/067/16$ [HD]
FEES PAID 2002349462<br>RECEIPT NO. 2016602349462<br>SIGN J. 2016602349462
# THE REPUBLIC OF UGANDA
# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
### CIVIL APPEAL NO. 166 OF 2016
<table>
BANK OF AFRICA APPELLANT
### **VERSUS**
FRANCIS KEEYA ...................................
# **SETTLEMENT**
This Settlement is made this .................................... $-2020$
# $\rightarrow$ **BETWEEN**
BANK OF AFRICA herein after called the Appellant
#### $AND$
FRANCIS KEEYA herein after called the Respondent.
**WHEREAS** by Civil Appeal No. 166 of 2016 the Appellant appealed the Judgment of the High Court in Civil Suit No. 128 of 2014 Francis Keeya Versus Bank of Africa (U) Limited.
#### **AND**
WHEREAS the parties have since the filing of the Appeal negotiated an amicable settlement of the Appeal.
NOW THERFORE it is hereby agreed that;
- a) The appeal be settled by payment of Sh. 33,000,000 by the Appellant to the Respondent in full and final settlement of all the parties claims inclusive of legal costs, - b) The appeal be withdrawn, - c) The sum of Shs. 33,000,000 be paid on execution of this settlement and in any case not more than 7 days from the date hereof,
d) The full amount shall be paid by electronic means to a bank account with the following particulars
Bank: Centenary Bank Keeya Francis Account Name: 3020016998 Account No. Entebbe Road Branch: $octale$ 29 Dated at Rampala this REHMAH NABUNDAY of. $.2020$ Company Secretary . BANK OF AFRICA - UGANDA LId. D) For Appellant **BANK OF AFRICA** Responden Groupe BMCE BANK DENNIS KWIZERA Ayigihugu & Co. Advocates $\overbrace{\cdots}^{\bullet} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots$ M/s Ayikihugu & Campakpeates $M/s$ Ssekana Associated Advocates & Consultants $\&$ Solicitors Counsel for the Appellant Counsel for the Respondent
### **JOINTLY DRAWN BY**
M/S AYIGIHUGU & CO. ADVOCATES, P. O. BOX $31$ , **KAMPALA**
#### $AND$
M/S SSEKANA ASSOCIATED ADVOCATES & CONSULTANTS P. O. BOX 70075 **KAMPALA**