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Uganda Judgment

Court of Appeal of Uganda

Bank of Africa Uganda Ltd v Keeya (Civil Appeal No. 166 of 2016) [2020] UGCA 2181 (13 November 2020)

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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 The withdrawal and settlement were endorsed by the court as binding, and the appeal was accordingly marked as withdrawn with no further claims arising from the subject matter of the appeal.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Appeal withdrawn by consent; settlement recorded; costs awarded to respondent.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  • Civil Appeal No. 166 of 2016 is withdrawn by consent of the parties.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 & Consultants

Francis Keeya

Respondent Counsel: Dennis Ayigihugu Kwizera, M/S Ayigihugu & Co. Advocates

Amounts and remedies

  • Settlement Amount (inclusive of Costs): UGX 33,000,000
  • Legal Costs Awarded: UGX 4,000,000

03

Procedural history

  1. Posture

    Civil Appeal / Consent Withdrawal Before Hearing

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Source document

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Judgment text

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Source document

Court of Appeal of Uganda

Judgment

[2020] UGCA 2181

![](_page_0_Figure_0.jpeg)

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Order 43 Rule 17 of the Civil Procedure Rules (Uganda)

Legislation

Legislation referenced in the available case record.

Section 27 of the Civil Procedure Act (Cap 71) (Uganda)

Legislation

Legislation referenced in the available case record.

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