[2018] UGCA 252
The Court of Appeal recognized the parties' mutual agreement to withdraw the appeal and settle the dispute regarding the property in question. By entering into a consent judgment, the parties agreed to sell the property to a third party, Milton Agaba, and share the proceeds, thereby extinguishing all prior claims...
Source-derived case information.
- Citation
- [2018] UGCA 252
- Parties
- Appellant: James Matovu Mutyalyankya; Appellant: Nalubega Jane; Respondent: Damalie Babirye Rosemary
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No: 200 of 2013 ; Civil Appeal No: 212 and 200 of 2013
- Procedural Posture
- Civil Appeal / Consent Judgment
- Outcome
- Appeal withdrawn and dispute settled by consent judgment.
- Judges
- Kiryabwire JA
- Legal Topics
- Consent Judgment, Property Settlement, Mailo Land, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Matovu Mutyalyankya
Appellant
Nalubega Jane
Appellant
Damalie Babirye Rosemary
Respondent
Procedural Posture
Civil Appeal / Consent Judgment
Legal Issues
- 1 Whether the parties have reached a binding settlement regarding the ownership and distribution of the property comprised in Mailo Register Mengo, Kyadondo Block 214 Plot 213 land at Kisasi.
- 2 Whether the appeals from the High Court decision should be withdrawn and the dispute settled amicably.
- 3 Whether the sale and transfer of the property to Milton Agaba fully resolves all claims among the parties.
Ratio Decidendi
The Court of Appeal recognized the parties' mutual agreement to withdraw the appeal and settle the dispute regarding the property in question. By entering into a consent judgment, the parties agreed to sell the property to a third party, Milton Agaba, and share the proceeds, thereby extinguishing all prior claims and interests in the property. The court held that the consent judgment fully and finally resolved the dispute, vested all rights in the property to Milton Agaba, and rendered the appeal and underlying litigation concluded. Each party was to bear its own costs, and the court endorsed the settlement as binding and enforceable.
Court Disposition
Appeal withdrawn and dispute settled by consent judgment.
Orders
- The appeals are withdrawn by consent of the parties.
- The dispute regarding Mailo Register Mengo, Kyadondo Block 214 Plot 213 land at Kisasi is amicably settled.
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: 212 OF 2013 AND** CIVIL APPEAL NO: 200 OF 2013
## 1. JAMES MATOVU MUTYALYANKYA
<table>
2. NALUBEGA JANE....................................
#### **VERSUS**
# <table> DAMALIE BABIRYE ROSEMARY RESPONDENT
#### **CONSENT JUDGMENT**
This matter is coming up for final determination this. Ib. day of $\mathcal{M}$ .2018 before HIS LORDSHIP GEOFFREY KIRYABWIRE, in the presence of Mr. John Fisher Kanyemimbwa, Counsel for the 1st Appellant, Ms. Judith P. Nsenge, Counsel for 2<sup>nd</sup> Appellant and Mr. Wycliffe Birungi, Counsel for the Respondent.
**IT IS HEREBY AGREED** that judgment be entered as follows;
- 1. That the 1<sup>st</sup> and 2<sup>nd</sup> Appellants hereby withdraw their Appeal from the decision of High Court at Kampala of Hon. Mr. Justice OpioAweri delivered on the 26<sup>th</sup> day of July 2012 in HCCS No: 325 of 2006 Damalie Babirye Rosemary Vs. James Matovu Mutyalyankya and Nalubega Jane. - 2. That the parties further agree to amicably settle the dispute in respect of the property comprised in Mailo Register Mengo, Kyadondo Block 214 Plot 213 land at Kisasi, measuring approximately 2 acres. - 3. That the parties do hereby agree to compromise the judgment in HCCS No: 325 of 2006, which declared the property in issue to be owned by the Respondent. - 4. That the parties now hereby agree to share the property between themselves and have their dispute regarding the property finally and amicably settled.
I fin Billeton
- 5. That the property which is the subject of ciispute be sold to Milton Agaba anc{ the parties share the proceecls. - 6. That the parties shall each sell its legal and equitable interest in the property to Milton Agaba anc-l each party shall receive their respective proceeds at the time of sale. - 7. That each of the parties do hereby confirm that they have wholly sold and transferred their legal, equitable interests in the property to Mr. Milton Agaba and that each of the parties has duly executed a sale agreement with Mr. Milton Agaba and they have no claim whatsoever for any interests in the property ancl in respect of the agreed consideration from Mr. Milton Agaba. - 8. That the parties further confirm that all rights, interests and benefit in respect of the property comprisecl in Mailo Register Block 214 Plot 213, measuring two Acres, land at Kisaasi is hereby vested in anci transferred to Mr. Milton Agaba. - 9. That this consent duly settles the Appeal and the entire dispute between the Appellants and Respondent in respect of the property comprised in the property known as Mailo Register Mengo, Kyadondo Block 214 plot <sup>213</sup> Area 2.00acres land at Kisasi. - 10. That each party bears its own costs.
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Rosemary $a$ nu $ra$ **Respordent** МАСПЕЕЕ $0.8$ **.....................................** BIBUNGL M/S Birungi & Co Advocates d **Counsel for the Respondent**
Given under my Hand and the Seal of this Honourable Court this $\vert \vert$ $...$ day. $\triangle$ $...2018.$
JUDGE/REGISTRAR **COURT OF APPEAL**
JOINTLY DRAWN BY:-M/S KATEERA & KAGUMIRE ADVOCATES, 10<sup>TH</sup> FLOOR, CRESTED TOWERS, HANNINGTON ROAD, P. O. BOX 7026, KAMPALA.
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$\boldsymbol{AND}$ M/S BIRUNGI& CO. ADVOCATES, SUITE 6, 2<sup>ND</sup> FLOOR BHATIA BUILDING, PLOT 8 WILSON ROAD, P. O. BOX 9564, **KAMPALA**
$AND$
M/S NSENGE & CO. ADVOCATES P. O. BOX 2317, **KAMPALA** TEL. +256(0) 773 230441.