[2016] UGCA 98
The Court of Appeal, upon the joint request and consent of both parties and their counsel, allowed the withdrawal of Civil Appeal No. 148 of 2014. The court recognized the parties' agreement that each would bear its own costs for both the appeal and the proceedings in the court below. The court exercised its...
Source-derived case information.
- Citation
- [2016] UGCA 98
- Parties
- Appellant: Victoria Seeds Limited; Respondent: Tonny Okello
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 148 of 2014
- Procedural Posture
- Civil Appeal / Withdrawal by Consent Order
- Outcome
- Appeal withdrawn by consent; each party to bear its own costs.
- Legal Topics
- Appeal Withdrawal, Costs Orders, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victoria Seeds Limited
Appellant
Tonny Okello
Respondent
Procedural Posture
Civil Appeal / Withdrawal by Consent Order
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether costs should be awarded or each party should bear its own costs.
Ratio Decidendi
The Court of Appeal, upon the joint request and consent of both parties and their counsel, allowed the withdrawal of Civil Appeal No. 148 of 2014. The court recognized the parties' agreement that each would bear its own costs for both the appeal and the proceedings in the court below. The court exercised its discretion under the Civil Procedure Rules and the Civil Procedure Act to formalize the withdrawal and to order that there be no order as to costs, reflecting the parties' mutual consent and the absence of any contest on the issue.
Court Disposition
Appeal withdrawn by consent; each party to bear its own costs.
Orders
- The appeal is withdrawn by consent of both parties.
- Each party shall bear its own costs of the appeal and in the court below.
Full Case Text
Judgment text and source record
14 paragraphs
## THE REPUBLIC OF UGANA IN THE COURT OF APPEAL OF UANDA AT KAMPALA **CIVIL APPEAL NO. 148 OF 2014** (ARISING FROM Civil Suit NO. 65 of 2011)
VICTORIA SEEDS LIMITED ======================APPELLANT
## **VERSUS**
**TONNY OKELLO** =================
## **CONSENT ORDER FOR WITHDRAWAL OF APPEAL**
BY CONSENT of both counsel to the appeal and in agreement with the parties to the appeal we hereby request that the above appeal be withdrawn with each party to bear his/its own cost of both the appeal and in the court below.
DATED at Kampala this .................................... Plot 2878 Namanve Industrial Park P. O. Box.11913 Kampala OKOT JOSEPHINE, MANAGING TONNY OKELLO VICTORIA SEEDS LIMITED RESPONDENT APPELLANT **COUNSEL FOR THE APPELLANT** COUNSEL FOR THE RESPONDENT **FEES PAID =** RECEIPT NO.... O. O. && SIGN.
BY CONSENT of both counsel and the parties to this appeal IT IS **HEREBY ORDERED** that the above appeal be and is hereby withdrawn. Each party shall bear his/its own cost of the appeal and in the court below.
GIVEN under my hand and the seal of this court this .... day of $= 2016$
REGISTRAR COURT OF APPEAL
$\mathbf{L} = \mathbf{L} \mathbf{L}$
**DRAWN BY** M/S MASEMBE, MAKUBUYA, ADRIKO, **KARUGABA & SSEKATAWA ADVOCATES** 3<sup>RD</sup> FLOOR, DIAMOND TRUST BLDG, 17/19 KAMPALA ROAD P. O. BOX 7166 **KAMPALA**
$\mathbf{r} = \mathbf{r} \times \mathbf{r}_{\text{max}}$
$\n *W*\n$ $\n \frac{1}{6} \frac{1}{10} \frac{1}{2016}\n$