[2021] UGCA 225

Source-derived case information.

Citation: [2021] UGCA 225
Parties: Appellant: Nyende David; Respondent: KPI Security Services Ltd
Court: Court of Appeal of Uganda
Jurisdiction: Uganda
Case Number: Court of Appeal Civil Appeal No. 35 of 2015
Procedural Posture: Civil Appeal / Withdrawal by Consent
Outcome: appeal withdrawn by consent; settlement of all related suits and applications; costs agreed and payable by appellant
Legal Topics: Withdrawal of Appeal, Consent Judgment, Settlement of Related Suits
Source Language: en

Civil Procedure Withdrawal of Appeal Consent Judgment Settlement of Related Suits

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5

Parties

Nyende David

Appellant

KPI Security Services Ltd

Respondent

Procedural Posture

Civil Appeal / Withdrawal by Consent

Legal Issues

1 Whether the appeal should be withdrawn by consent of the parties.
2 Whether all related suits and applications arising from the subject guarding services are settled by this agreement.
3 Whether the appellant is liable to pay agreed costs and under what terms.

Ratio Decidendi

The Court, having received the consent of both parties, orders the withdrawal of Civil Appeal No. 35 of 2015. All related suits and applications listed in the annexure are deemed settled. The appellant is ordered to pay Ug. Shs.8,000,000 to the respondent in three monthly instalments, with payment details specified. In case of default, the outstanding amount becomes immediately due with interest at 5% per month, and the appellant is liable for any recovery costs incurred by the respondent. Each party shall bear its own costs for the appeal. The consent agreement is binding and enforceable as per its terms.

Court Disposition

appeal withdrawn by consent; settlement of all related suits and applications; costs agreed and payable by appellant

Orders

Civil Appeal No. 35 of 2015 is wholly withdrawn against the respondent.
All related suits and applications listed in the annexure are settled.

Full Case Text

Judgment text and source record

26 paragraphs

| POURT OF $\delta$ ۸NDA THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPA COURT OF APPEAL CIVIL APPEAL NO 35 OF 2015 | | | |-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|--| | NYENDE DAVID:::: :::::::::::::::::::::::APPELLANT | | | | VERSUS | | | | KPI SECURITY SERVICES LTD::::: ************************************* | | | | WITHDRAWAL OF APPEAL BY CONSENT. (Under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10) | | | | BY CONSENT of the parties, IT IS HEREBY AGREED, as follows: | | | | 1. Civil Appeal NO 35 OF 2015 be wholly withdrawn against the respondent | | | | 2. That each party shall bear their own costs of this Appeal | | | | V 3. Other terms of this consent are as per the annexure attached. ત્રેશ્વ | | | | day of $Decem$ DATED and signed at Kampala this 2020. | | | | WE CONSENT: RWAGA IDVOCATES WALUSIMBI & CO. AD (COUNSEL FOR THE RESPONDENT) (COUNSEL FOR THE APPELT | | | | GIVEN under my Hand and the Seal of the Honourable Court this $2\Gamma$ day $202\mathbb{Q}$ . of Jamary JUSTICE OF APPEAL | | | | JOINTLY DRAWN AND FILED BY Walusimbi & Co Advocates, Rwaganika & Co. Advocates, 5 th Floor Kampala Boulevard Building P. O. Box 12110 P. O. Box 1148, Kampala Kampala | | | | 2500 250003367843 | | |

Read and Birlyd Nasson Ks Walmandzi & G. Almoartks 27th (Jan 2021)

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8 7010 Att 15/12/2020

"ANDERTURE

## THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA COURT OF APPEAL CIVIL APPEAL NO 35 OF 2015 **NYENDE DAVID:::::::::::::::::::::::::::::::::::**

## **VERSUS**

KPI SECURITY SERVICES LTD::::::::::::::::::::::::::::::::::::

## **CONSENT AGREEMENT.**

An annexture to the consent withdrawal, BY CONSENT of the parties IT IS **HEREBY AGREED** as follows:

- 1. Court of Appeal Civil Appeal no35/2015 is hereby compromised subject to this consent agreement. - 2. All previous suits in this matter as well as all applications thereunder and related disputes arising from the subject guarding services are hereby settled inclusive of these listed below: - High Court of Uganda at Kampala Execution Division HCMA $i$ 2975 /2015 Nyende David Vs KPI Security Services. - High Court of Uganda at Kampala Execution Division HCMA $ii)$ 2976/2015 Nyende David Vs KPI Security Services - High Court of Uganda at Kampala Execution Division HCMA $iii)$ 454/2018 Nyende David Vs KPI Security Services. - Chief Magistrates Court of Makindye at Makindye HCMA $iV$ ) 317/2015 Nyende David Vs KPI Security Services Ltd - $\mathsf{V}$ ) High Court of Uganda at Kampala Execution Division HCMA 453/2018 Nyende David Vs KPI Security Services. - High Court of Uganda at Kampala HC EMA 2943/2014 Nyende $\vee$ i) David Vs KPI security Services Limited - High Court of Uganda at Kampala HCMA No 3125/2014 Nyende vii) David Vs KPI Security Services Limited - High Court of Uganda at Kampala HC Civil Revision No 4 /2015 viii) **KPI Security Services Limited Vs Nyende David** - High Court of Uganda at Kampala HCCA 1 /2014 Nyende David $ix)$ Vs KPI Security Services Limited - High Court of Uganda at Kampala HCCA 11/2018 Nyende David $\mathbf{x}$ ) Vs KPI Security Services Ltd - High Court of Uganda at Kampala Civil Division CR 36 Of 2016 $xi$ KPI Security Services Ltd Vs Nyende David - High Court of Uganda at Kampala EMA 2180 of 2017 KPI xii) Security Services Ltd Vs Nyende David - Chief Magistrates Court of Makindye Civil Suit No. 160 of 2012 $xiii)$ Nyende David Vs KPI Security Services Limited - Chief Magistrates Court of Makindye Nyende David Vs KPI $xiv)$ Security Services Limited MA No. 70 of 2016 - Chief Magistrates Court of Nakawa CS No.588 of 2014 KPI $XV$ ) Security Services Ltd Vs Nyende David - xvi) High Court of Uganda at Kampala Taxation Appeal No.5 of 2015 KPI Security Services Ltd Vs Nyende David

- xvii) Chief Magistrates Court of Nakawa at Nakawa MA 392 OF 2014 Nyende David vs KPI Security Services Ltd - High Court of Uganda at Kampala Civil Revision No4 of 2015 KPI xviii) Security Services Ltd Vs Nyende David - 3. The appellant shall pay costs agreed to amount to **Ug. Shs.8,000,000** (Uganda Shillings Eight Million) in three consecutive monthly instalments as follows:

| No. | Amount in Ug. Shillings | Due Date | |------|--------------------------------|---------------------------------| | | 3,000,000 | 15 th November, 2020 | | $2.$ | 3,000,000 | 28 th December, 2020 | | З. | 2,000,000 | 28 th January, 2021 |

4. The sums mentioned herein above shall be paid on the following account details and proof immediately formally furnished to Walusimbi & Co. Advocates by email to accounts@walusimbiadvocates.com

| ACCOUNT NAME: | WALUSIMBI & CO. ADVOCATES | |-----------------|---------------------------| | BANK: | UBA | | ACCOUNT NUMBER: | 0103015080 |

- 5. Upon default on the agreed terms of this Consent agreement, payment of the full amounts then outstanding shall become due together with interest at the rate of 5% per month on the said outstanding amounts from the date of default until payment in full and execution proceedings shall ensue.

- 6. Time is of the essence of this consent agreement. - 7. The appellant shall be responsible for any recovery costs (including but not limited to legal and bailiffs' costs) incurred by the respondent in the event of the appellants default.

Novembe **DATED** and signed at Kampala this day of 2020.

**WE CONSENT:** $\epsilon$ RWAGANIKK & CO. ADVOCATES

(COUNSEL FOR THE APPELLANT)

**WALUSIMBI & CO. ADVOCATES**

(COUNSEL FOR THE RESPONDENT)

GIVEN under my Hand and the Seal of the Honourable Court this 21st day of 2020

4 I JUSTICE OF APPEAL

$\mathbf{A}$

**EXTRACTED AND FILED JOINTLY BY** Walusimbi & Co Advocates, Rwa Rwaganika & C0. Advocates, P. O. Box 12110 5th Floor Kampala Boulevard Building P. O. Box 1148, Kampala **Kampala**

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