[2023] UGCA 187
The Court granted leave for the parties to withdraw the appeal and all related applications based on their notification of settlement and presentation of a settlement agreement. The appeal was dismissed by reason of withdrawal, and all files were ordered closed upon filing of the consent withdrawal. The decision was...
Source-derived case information.
- Citation
- [2023] UGCA 187
- Parties
- Appellant: Kayonza Distributors Ltd; Appellant: Sezi Mitegyeko; Appellant: Janet Mitegyeko; Respondent: Bank of Africa Limited
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 804 of 2022
- Procedural Posture
- Civil Appeal / Withdrawal Before Judgment
- Outcome
- appeal withdrawn and dismissed by consent
- Judges
- Kiryabwire, JA, Muzamiru, JA, Gashirabake, JA
- Legal Topics
- Withdrawal of Appeal, Settlement Agreement, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kayonza Distributors Ltd
Appellant
Sezi Mitegyeko
Appellant
Janet Mitegyeko
Appellant
Bank of Africa Limited
Respondent
Procedural Posture
Civil Appeal / Withdrawal Before Judgment
Legal Issues
- 1 Whether the appeal should be withdrawn following a settlement agreement between the parties.
- 2 Whether the Court should dismiss the appeal upon withdrawal and close the files.
Ratio Decidendi
The Court granted leave for the parties to withdraw the appeal and all related applications based on their notification of settlement and presentation of a settlement agreement. The appeal was dismissed by reason of withdrawal, and all files were ordered closed upon filing of the consent withdrawal. The decision was made in accordance with Rule 2(21) of the Rules of the Court of Appeal, which empowers the Court to allow withdrawal of proceedings where parties have settled their dispute. The Court emphasized its support for parties resolving disputes amicably without the need for a formal judgment.
Court Disposition
appeal withdrawn and dismissed by consent
Orders
- Leave is granted for the parties to formally withdraw the appeal and all applications thereunder.
- The appeal stands dismissed by reason of withdrawal.
Full Case Text
Judgment text and source record
27 paragraphs
# THE REPUBLIC OF UGANDA
### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
# CIVIL APPEAL NO. 0184 OF 2016
| | 1. KAYONZA DISTRIBUTORS LTD | | |--|-----------------------------|--| | | | |
2. SEZI MITEGYEKO
=APPELLANTS
3. JANET MITEGYEKO
# VERSUS
BANK OF AFRICA LIMITED--= = RESPONDENT
CORAM:
a
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA
### RULING OF COURT
The parties have notified Court that they have settled their dispute and there is no need for Court to render Judgment. They have shown Court a settlement agreement dated 31st Janua ry 2023 as evidence of the settlement.
Given this development and the fact that Courts support parties settling their own disputes, this Court now hereby grants leave under Rule 2 (21 of the Rules of this Court for parties herein to formally withdraw this Appeal and all Applications there under and
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thereafter, this Appeal shall stand dismissed by reason of withdrawal. This should be done by 5.00pm today 19th July 2023. All files shall stand closed after the filing of the consent with d rawa l.
We so order.
a
a
It <sup>t</sup>1^. Dated at Ka m pa la th is day 2023
, t
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA