[2020] UGSC 56
The Supreme Court held that, by consent of both parties, the application should be withdrawn since a cross appeal had been filed in Constitutional Appeal No. 03 of 2020 and a stay of the Constitutional Court decision was already in place. The withdrawal was agreed upon by both parties, and the court ordered that...
Source-derived case information.
- Citation
- [2020] UGSC 56
- Parties
- Applicant: Hon. Basalirwa Asuman & Ors; Respondent: Eddie Kwizera
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Constitutional Application 5 of 2020
- Procedural Posture
- Constitutional Application / Ruling
- Outcome
- application dismissed by consent
- Judges
- Kisaakye, JSC, Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Legal Topics
- Withdrawal of Application, Stay of Proceedings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Basalirwa Asuman & Ors
Applicant
Eddie Kwizera
Respondent
Procedural Posture
Constitutional Application / Ruling
Legal Issues
- 1 Whether the application should be withdrawn in light of the cross appeal filed in Constitutional Appeal No. 03 of 2020.
- 2 Whether the previous stay of the Constitutional Court decision affects the present application.
Ratio Decidendi
The Supreme Court held that, by consent of both parties, the application should be withdrawn since a cross appeal had been filed in Constitutional Appeal No. 03 of 2020 and a stay of the Constitutional Court decision was already in place. The withdrawal was agreed upon by both parties, and the court ordered that costs in this application shall be in the cause of the main appeal.
Court Disposition
application dismissed by consent
Orders
- The application is dismissed by consent of both parties.
- Costs in this application shall be in the cause in Constitutional Appeal No. 03 of 2020.
Full Case Text
Judgment text and source record
23 paragraphs
### THE REPUBLIC OF UGANDA
# IN THE SUPREME COURT OF UGANDA AT KAMPALA
(Coram: Kisaakye, Arach-Amoko, Mwondha, Mugamba, Muhanguzi, *Tuhaise, Chibita, JJSC)*
## **CONSTITUTIONAL APPLICATION NO. 05 OF 2020**
HON. BASALIRWA ASUMAN & ORS....................................
#### **VERSUS**
...................................... EDDIE KWIZERA....................................
# RULING OF THE COURT
When this application came up for hearing on 22<sup>nd</sup> July, 2020, Mr. Kandeebe, counsel for the applicants, informed court that he had earlier had discussion with Mr. Ondelo, counsel for the respondent and that they had agreed that since the applicants filed a cross appeal in court in Constitutional Appeal No. 03 of 2020, this application should be withdrawn.
Further, counsel brought to the attention of court the fact that there is already a decision by this court staying the Constitutional Court decision between the same parties.
Accordingly, by consent of both parties, this application is hereby 20 dismissed and costs in this application shall be in the cause in Constitutional Appeal No. 03 of 2020.
Dated at Kampala this....................................
$\mathsf{S}$
Dr. Esther Kisaakye JUSTICE OF SUPREME COURT
Arach-Amoko JUSTICE OF SUPREME COURT
Thursdele.
Faith Mwondha 35 JUSTICE OF SUPREME COURT
.......................................
Paul Mugamba 40 JUSTICE OF THE SUPREME COURT
Ezekiel K. Muhanguzi JUSTICE OF SUPREME COURT
Minnaise
Percy Night Tuhaise JUSTICE OF THE SUPREME COURT
Mike Chibita 55 JUSTICE OF SUPREME COURT