[2020] UGCA 2182
The Court found that both parties had mutually agreed to withdraw the appeal by consent, as evidenced by their joint application and confirmation before the court. In accordance with Rule 94(1) of the Court of Appeal Rules, the court endorsed the withdrawal and struck out the appeal. The court further exercised its...
Source-derived case information.
- Citation
- [2020] UGCA 2182
- Parties
- Appellant: National Council of Sports; Respondent: Jjagwe Robert
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- COA-O 0-cv-cA-0168-2016
- Procedural Posture
- Civil Appeal / Appeal Withdrawn by Consent Before Hearing
- Outcome
- appeal withdrawn by consent and struck out; each party to bear its own costs
- Judges
- Bamugemereire, JA, Musota, JA, Kibeedi Mutangula, JA
- Legal Topics
- Withdrawal of Appeal, Consent Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Council of Sports
Appellant
Jjagwe Robert
Respondent
Procedural Posture
Civil Appeal / Appeal Withdrawn by Consent Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of both parties.
- 2 Whether costs should be awarded upon withdrawal of the appeal.
Ratio Decidendi
The Court found that both parties had mutually agreed to withdraw the appeal by consent, as evidenced by their joint application and confirmation before the court. In accordance with Rule 94(1) of the Court of Appeal Rules, the court endorsed the withdrawal and struck out the appeal. The court further exercised its discretion on costs, ordering that each party bear its own costs, as there was no contest or adjudication on the merits and both parties had consented to the withdrawal. The decision was based on the principle that parties are at liberty to settle or withdraw proceedings by consent, and the court's role is to formalize such agreements where appropriate.
Court Disposition
appeal withdrawn by consent and struck out; each party to bear its own costs
Orders
- The appeal is struck out by consent of both parties.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
29 paragraphs
## **THE REPUBLIC OF UGANDA** IN THE COURT OF APPEAL OF UGANDA(COA) AT KAMPALA
CASE NUMBER: COA-00-CV-CA-0168-2016
DATE OF FILING: Wednesday, 13-07-2016
PARTIES: NATIONAL COUNCIL OF SPORTS Vs JJAGWE ROBERT
**CORAM:** Hon Lady Justice Bamugemereire Catherine B. K, JA. Hon. Mr. Justice Stephen Musota,JA Hon. Mr. Justice Muzamiru Mutangula Kibeedi, JA
**Proceedings:**
m<sup>a</sup> Nov. 2020
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## THE REPUBLIC OF UGANDA rN THE COURT OF APPEAL OF UGANDA(COA) AT KAI4PALA
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DATE OF FILING: Wednesday, 13-07-2016
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