[2016] UGCA 99
The Court, upon being satisfied that both parties have entered into a consent settlement agreement and have jointly applied for withdrawal of the appeal, finds that there is no longer a dispute requiring adjudication. The withdrawal is allowed by consent, and in accordance with the agreement, each party is to bear...
Source-derived case information.
- Citation
- [2016] UGCA 99
- Parties
- Appellant: United Bank for Africa (U) Limited; Respondent: Mody Nouhou Barry
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 163 of 2016
- Procedural Posture
- Civil Appeal / Withdrawal by Consent
- Outcome
- Appeal withdrawn by consent; no order as to costs.
- Legal Topics
- Banking Disputes, Settlement Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Bank for Africa (U) Limited
Appellant
Mody Nouhou Barry
Respondent
Procedural Posture
Civil Appeal / Withdrawal by Consent
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether costs should be awarded to either party upon withdrawal.
Ratio Decidendi
The Court, upon being satisfied that both parties have entered into a consent settlement agreement and have jointly applied for withdrawal of the appeal, finds that there is no longer a dispute requiring adjudication. The withdrawal is allowed by consent, and in accordance with the agreement, each party is to bear its own costs. The court recognizes the autonomy of parties to settle their disputes and respects the terms mutually agreed upon, provided they do not contravene any law or public policy. The operative orders are made in line with the parties' consent and the applicable procedural rules.
Court Disposition
Appeal withdrawn by consent; no order as to costs.
Orders
- Civil Appeal No. 163 of 2016 is withdrawn by consent of the parties.
- Each party shall bear its own costs of the appeal.
Full Case Text
Judgment text and source record
15 paragraphs
# THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPEAL NO. 163 OF 2016
UNITED BANK FOR AFRICA (U) LIMITED....................................
#### **VERSUS**
**RESPONDENT** MODY NOUHOU BARRY......
[Appeal from the Judgment and Orders of the High Court at Kampala in Civil Suit No. 19 of 2012 (Hon. Justice Benjamin Kabiito) dated 7<sup>th</sup> December 2015]
# **CONSENT WITHDRAW ORDER**
By Consent of the parties to this Appeal on the 9<sup>th</sup> day of December 2016, pursuant to the parties' Consent Settlement Agreement specifying the terms of their settlement and a copy of which has been filed on the Court's record:
IT is **ORDERED** as follows:-
- 1. By Consent of the Appellant and Respondent, Civil Appeal No. 163 of 2016 is hereby withdrawn. - 2. Each party bears its own costs of the Appeal
**Head of Legal for the Appellant Managing Director/CEO of Appellant** Aruho Raymond Advocate **Immissioner For Oaths** In the presence of... **Counsel for the Appellant** $-4$ Advocates M-3650 Mody Nouhou Barry Kampala Associated Advocates Counsel for the Respondent **Respondent** GIVEN Under my Hand and Seal of this Hon. Court this.................................... $\therefore$ day of es pai EIPT NO.
## **Jointly drawn by:**
## **Raymond Aruho** & **Co. Advocates**
Suite R.10, 5th Floor, Namaganda Plaza, Plot 14, Luwum Street, P. O Box 33895, KAMPALA
#### **Kamapala Associated Advocates**
KAA House, Plot 14 Nakasero Road, P. O. Box 9566, KAMPALA