[2001] UGCA 53
The Court held that since the respondent's counsel withheld consent to the withdrawal of the appeal, the proper course under Rule 93(4) of the Court of Appeal Rules was to dismiss the appeal with costs to the respondent. The court accepted the withdrawal but, in the absence of consent, ordered dismissal and awarded...
Source-derived case information.
- Citation
- [2001] UGCA 53
- Parties
- Appellant: Petra Nakiranda; Respondent: British American Tobacco (1984) (U) Ltd.
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- CIVIL APPLICATION NO. 40 OF 2000
- Procedural Posture
- Civil Application / Ruling
- Outcome
- appeal dismissed with costs to respondent
- Judges
- Mukasa-Kikonyogo, DCJ, kato ,JA, Kitumba, JA
- Legal Topics
- Withdrawal of Appeal, Costs Award, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petra Nakiranda
Appellant
British American Tobacco (1984) (U) Ltd.
Respondent
Procedural Posture
Civil Application / Ruling
Legal Issues
- 1 Whether the appeal can be withdrawn without the respondent's consent under the applicable court rules.
- 2 Whether the respondent is entitled to costs upon dismissal of the appeal.
Ratio Decidendi
The Court held that since the respondent's counsel withheld consent to the withdrawal of the appeal, the proper course under Rule 93(4) of the Court of Appeal Rules was to dismiss the appeal with costs to the respondent. The court accepted the withdrawal but, in the absence of consent, ordered dismissal and awarded costs accordingly.
Court Disposition
appeal dismissed with costs to respondent
Orders
- The appeal is dismissed with costs to the respondent under Rule 93(4) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
13 paragraphs
## $\mathbf{c} =$ THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
HON. JUSTICE L. E. M. MUKASA-KIKONYOGO, DCJ CORAM: HON. JUSTICE C. M. KATO, JA HON. JUSTICE C. N. B. KITUMBA, JA
## CIVIL APPLICATION NO. 40 OF 2000
PETRA NAKIRANDA ...................................
## **VERSUS**
BRITISH AMERICAN TOBACCO(1984) (U) LTD.} ……………………………………………………………………………………………………
> (Appeal Arising out of High Court Civil Suit No. 450 of 1997 before Hon. J. P. Tabaro, dated 26<sup>th</sup> May 2000)
## **RULING OF THE COURT**
We accept the withdrawal of the appeal. As the counsel for the respondent has withheld the consent the appeal is, hence, dismissed with costs to the respondent under Rule 93 $\mathfrak{m}(4)$ of the Rules of this Court.
L. E. M. MUKASA-KIKONYOGO DEPUTY CHIEF JUSTICE C. M. KÄTO JUSTICE OF APPEAL C. N. B. KITUMBA
**THE SET OF**
12th | 9/2001
JUSTICE OF APPEAL