[2019] UGCA 2118
The parties, having acknowledged the underlying mortgage transaction and the sums paid by the respondent to redeem the suit land, agreed to resolve the dispute amicably. The appellant undertook to pay consolidated compensation, including reimbursement of the sums advanced by the respondent, in exchange for the...
Source-derived case information.
- Citation
- [2019] UGCA 2118
- Parties
- Appellant: Savio Ojok Awany; Respondent: Oyet Michael; Respondent: Alyi Patrick Lalur
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 078 of 2013
- Procedural Posture
- Civil Appeal / Consent Settlement; Appeal Withdrawn
- Outcome
- Appeal withdrawn by consent; parties to bear their own costs; full and final settlement recorded.
- Legal Topics
- Mortgage Redemption, Settlement Agreement, Transfer of Title, Compensation, Withdrawal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Savio Ojok Awany
Appellant
Oyet Michael
Respondent
Alyi Patrick Lalur
Respondent
Procedural Posture
Civil Appeal / Consent Settlement; Appeal Withdrawn
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether the respondent is entitled to compensation for sums paid to redeem the mortgaged property.
- 3 Whether the respondent should return the certificate of title and surrender the suit land to the appellant.
Ratio Decidendi
The parties, having acknowledged the underlying mortgage transaction and the sums paid by the respondent to redeem the suit land, agreed to resolve the dispute amicably. The appellant undertook to pay consolidated compensation, including reimbursement of the sums advanced by the respondent, in exchange for the return of the certificate of title and surrender of the suit land. The respondent agreed to execute the necessary transfer and hand over vacant possession. The court, upon being satisfied that the settlement was voluntary and comprehensive, endorsed the consent, thereby withdrawing the appeal and bringing the litigation to a final close. The orders reflect the parties' mutual...
Court Disposition
Appeal withdrawn by consent; parties to bear their own costs; full and final settlement recorded.
Orders
- The appeal is withdrawn with consent of the parties.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
26 paragraphs
| | THE REPUBLIC OF UGANDA | |--|------------------------| |--|------------------------|
COURT OF APPEAL OF UGANDA
$\mathbf{G}$
### IN TH COURT OF APPEAL OF UGANDA **HOLDEN AT KAMPALA** CIVIL APPEAL NO. 078 OF 2013 (Arising from Gulu Civil Suit No. 49 of 2008)
...................................... SAVIO OJOK AWANY::::::::::::::::
### $=$ VERSUS $=$
OYET MICHAEL:::::::::::::::::::: **<u>....................................**</u>
**Through His Lawful Attorney**
**ALYI PATRICK LALUR**
## **CONSENT SETTLEMENT**
# BY CONSENT OF THE PARTIES;
- That the appeal is accordingly withdrawn. (a) - That each parties shall bear its costs. $(b)$
That this consent is premised on the following considerations;
WHEREAS the parties acknowledge that;
- a) The transactions that led to the suit in the lower court arose from a mortgage over a piece of land comprised in LRV 1330 Folio 16, Nwoya Block 1 Plot Number 18, whereby the Respondent helped the Appellant in 2001 to redeem the suit land from Non-Performing Assets recovery Trust (NPART) and; - b) The Respondent paid to (NPART) Ush. 6,830,000/= and Ush. $18,406,230/$ = to the Appellant, in consideration for a transfer to the Respondent. - c) The parties desire that the protracted litigation be brought to an end with an amicable settlement.
The parties hereby agree to the terms of settlements as follows;
- 1. That the appeal is accordingly withdrawn with consent and each of the parties is to bear their own costs. - 2. That the Respondent agrees to return the certificate of title to the Appellant and agrees to surrender the suit land to the Appellant with all developments thereon and cease to have any interests whatsoever in the suit land. - 3. That the Appellant agrees to pay a total of UGX. $60,000,000/=(Uganda)$ shillings sixty million only) as consolidated compensation to cover interests, damages and costs of the suit in the lower court. That the said amount shall also include a refund of the UGX. 25,236,230/= (Uganda shillings twenty five million, two hundred thirty six thousand, two hundred thirty only) being money paid by the Respondent towards the release of the mortgage over the suit land and money paid to the appellant. - 4. That the Respondent agrees to execute a transfer of the certificate of title into the names of the Appellant at the execution of this settlement and the Appellant shall contemporaneously make part payment of the agreed amount to the Respondent to the tune of UGX. 30,000,000/= (Uganda shillings thirty million only), the balance shall be paid immediately upon completion of the transfer. - 5. That upon execution of this settlement, the Respondent shall handover vacant possession of the suit land to the Appellant. - 6. That this settlement shall form the full and final settlement of the Respondent's claim.
DATED AT KAMPALA this.................................... .......2019 **SAVIO OJOK AWANY ALYI PATRICT LALUR**
**APPELLANT**
**RESPONDENT'S LAWFUL ATTORNEY**
M/S OROMA & CO. ADVOCATES **COUNSEL FOR APPELLANT**
CO. ADVOCATES $M/S$ BARENZI **COUNSEL FOR RESPONDENT**
Lodged in the court of Appeal and endorsed by the court as the final settlement this....................................
#### Jointly Drawn and Filed by:
M/s Barenzi & Co. Advocates Plot 20 Gulu Avenue, 2<sup>nd</sup> Floor Cynibel Builiding Suite 11. P. O. Box 573, Gulu
**AND** M/s Oroma & Co. Advocate Plot 1/3 Airfield Road Post Office building P. O. Box 788, Gulu.