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Bank of Africa Uganda Ltd v Keeya (Civil Appeal No. 166 of 2016) [2020] UGCA 2181 (13 November 2020)
- Citation
- [2020] UGCA 2181
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Consent Withdrawal Before Hearing
- Case number
- Civil Appeal No. 166 of 2016
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Consent Withdrawal Before Hearing
- Case number
- Civil Appeal No. 166 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court accepted the parties' consent to withdraw Civil Appeal No. 166 of 2016, noting that the withdrawal was based on a mutually agreed settlement. The appellant agreed to pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, and to effect payment within 7 days by electronic transfer. The court further ordered the appellant to pay legal costs of UGX 4,000,000. The withdrawal and settlement were endorsed by the court as binding, and the appeal was accordingly marked as withdrawn with no further claims arising from the subject matter of the appeal.
Court disposition
Appeal withdrawn by consent; settlement recorded; costs awarded to respondent.
Orders
- Civil Appeal No. 166 of 2016 is withdrawn by consent of the parties.
- The appellant shall pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, within 7 days by electronic transfer.
- The appellant shall pay legal costs of UGX 4,000,000 to the respondent.
- Other terms as per the attached annexture are incorporated into the consent order.
02
Material facts
Parties
Bank of Africa
Appellant Counsel: Henry Ddungu, M/S Ssekana Associated Advocates & ConsultantsFrancis Keeya
Respondent Counsel: Dennis Ayigihugu Kwizera, M/S Ayigihugu & Co. AdvocatesAmounts and remedies
- Settlement Amount (inclusive of Costs): UGX 33,000,000
- Legal Costs Awarded: UGX 4,000,000
03
Procedural history
Posture
Civil Appeal / Consent Withdrawal Before Hearing
04
Questions and positions
Legal issues
- 01
Whether the appeal should be withdrawn by consent of the parties.
- 02
Whether the respondent is entitled to payment in full and final settlement, including legal costs.
- 03
Whether the appellant should pay the respondent's legal costs upon withdrawal of the appeal.
Party arguments
- Applicant
- The appellant, Bank of Africa, agreed to withdraw Civil Appeal No. 166 of 2016 following an amicable settlement with the respondent. The appellant consented to pay the respondent a sum of UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, and to effect payment within 7 days by electronic transfer.
- Respondent
- The respondent, Francis Keeya, accepted the appellant's proposal for withdrawal of the appeal and the agreed payment of UGX 33,000,000 as full and final settlement, inclusive of legal costs. The respondent consented to the withdrawal and settlement terms as set out in the consent and attached annexture.
05
Court’s reasoning
Legal principles
- 01
Order 43 Rule 17 of the Civil Procedure Rules (Uganda)
A civil appeal may be withdrawn by consent of the parties at any stage before judgment, subject to terms agreed upon by the parties and endorsed by the court.
- 02
Section 27 of the Civil Procedure Act (Cap 71) (Uganda)
Costs follow the event, and where a matter is settled or withdrawn by consent, the parties may agree on costs or the court may order costs as appropriate.
06
Ratio, limits and disposition
Ratio decidendi
The court accepted the parties' consent to withdraw Civil Appeal No. 166 of 2016, noting that the withdrawal was based on a mutually agreed settlement. The appellant agreed to pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, and to effect payment within 7 days by electronic transfer. The court further ordered the appellant to pay legal costs of UGX 4,000,000. The withdrawal and settlement were endorsed by the court as binding, and the appeal was accordingly marked as withdrawn with no further claims arising from the subject matter of the appeal.
Obiter and limits
- Parties are encouraged to amicably settle disputes where possible to save judicial time and resources.
- Consent judgments and withdrawals are binding on the parties and enforceable as court orders.
Court disposition
Appeal withdrawn by consent; settlement recorded; costs awarded to respondent.
- Civil Appeal No. 166 of 2016 is withdrawn by consent of the parties.
- The appellant shall pay the respondent UGX 33,000,000 in full and final settlement of all claims, inclusive of legal costs, within 7 days by electronic transfer.
- The appellant shall pay legal costs of UGX 4,000,000 to the respondent.
- Other terms as per the attached annexture are incorporated into the consent order.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment

CONSENT WITHDRAW OF APPEAL
BY CONSENT of the Parties, and in the presence of their counsel, counsel Henry Ddungu for the Appellant and Dennis Ayigihugu Kwizera Counsel for the Respondent, the Parties have agreed as follows, that:-
$1.$ Civil Appeal No. 166 of 2016 be withdrawn.
Appellant pays Legal Costs of UGX. 4,000,000/= (Shillings Four Million Only). $2.$
$3.$ Other terms of this Consent are as per Annexture hereto attached.
day of *ployembac* $2020.$ Dated at Kampala this.
REHMAH NABUNYA We con Company Secretary BANK OF AFRICA - UGANDA LID. BANK OF AFRICA
BANK OF AFRICA REPRESENTATIVE (Appellant)
M/S Ssekana Associated Advocates $\mathbf{A}^{(0)}_{\mathbf{Q}^{(0)}}$ Consultants (Counsel for the Appellant)
FRANCIS KEEYA (Respondent)
M/S Ayigihugu & Co. Advocates (Counsel for the Respondent)
Nuvemb GIVEN UNDER my Hand and the Seal of this Honourable Court this... Dav of 2020.
JUDGE /-REGISTRAR
Drawn & Filed By: M/S Ssekana Associated Advocates & Consultants Plot 4 Pilkington Road, Colline House P. O. Box 70075 Kampala $CS/067/16$ [HD]
FEES PAID 2002349462<br>RECEIPT NO. 2016602349462<br>SIGN J. 2016602349462
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPEAL NO. 166 OF 2016
<table>
BANK OF AFRICA
APPELLANT
VERSUS
FRANCIS KEEYA ...................................
SETTLEMENT
This Settlement is made this .................................... $-2020$
$\rightarrow$ BETWEEN
BANK OF AFRICA herein after called the Appellant
$AND$
FRANCIS KEEYA herein after called the Respondent.
WHEREAS by Civil Appeal No. 166 of 2016 the Appellant appealed the Judgment of the High Court in Civil Suit No. 128 of 2014 Francis Keeya Versus Bank of Africa (U) Limited.
AND
WHEREAS the parties have since the filing of the Appeal negotiated an amicable settlement of the Appeal.
NOW THERFORE it is hereby agreed that;
- a) The appeal be settled by payment of Sh. 33,000,000 by the Appellant to the Respondent in full and final settlement of all the parties claims inclusive of legal costs, - b) The appeal be withdrawn, - c) The sum of Shs. 33,000,000 be paid on execution of this settlement and in any case not more than 7 days from the date hereof,
d) The full amount shall be paid by electronic means to a bank account with the following particulars
Bank: Centenary Bank Keeya Francis Account Name: 3020016998 Account No. Entebbe Road Branch: $octale$ 29 Dated at Rampala this REHMAH NABUNDAY of. $.2020$ Company Secretary . BANK OF AFRICA - UGANDA LId. D) For Appellant BANK OF AFRICA Responden Groupe BMCE BANK DENNIS KWIZERA Ayigihugu & Co. Advocates $\overbrace{\cdots}^{\bullet} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots}^{\bullet} \mathbf{p} \cdots \overbrace{\cdots$ M/s Ayikihugu & Campakpeates $M/s$ Ssekana Associated Advocates & Consultants $\&$ Solicitors Counsel for the Appellant Counsel for the Respondent
JOINTLY DRAWN BY
M/S AYIGIHUGU & CO. ADVOCATES, P. O. BOX $31$ , KAMPALA
$AND$
M/S SSEKANA ASSOCIATED ADVOCATES & CONSULTANTS P. O. BOX 70075 KAMPALA
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