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Kare Distribution Limited v African River Fund (Civil Application 804 of 2022) [2023] UGCA 187 (20 July 2023)
- Citation
- [2023] UGCA 187
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Muzamiru, JA, Gashirabake, JA
- Case number
- Civil Application 804 of 2022
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Muzamiru, JA, Gashirabake, JA
- Case number
- Civil Application 804 of 2022
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court granted leave for the parties to withdraw the appeal and all related applications based on their notification of settlement and presentation of a settlement agreement. The appeal was dismissed by reason of withdrawal, and all files were ordered closed upon filing of the consent withdrawal. The decision was made in accordance with Rule 2(21) of the Rules of the Court of Appeal, which empowers the Court to allow withdrawal of proceedings where parties have settled their dispute. The Court emphasized its support for parties resolving disputes amicably without the need for a formal judgment.
Court disposition
appeal withdrawn and dismissed by consent
Orders
- Leave is granted for the parties to formally withdraw the appeal and all applications thereunder.
- The appeal stands dismissed by reason of withdrawal.
- All files shall stand closed after the filing of the consent withdrawal.
02
Material facts
Parties
Kayonza Distributors Ltd
AppellantSezi Mitegyeko
AppellantJanet Mitegyeko
AppellantBank of Africa Limited
Respondent03
Procedural history
Posture
Civil Appeal / Withdrawal Before Judgment
04
Questions and positions
Legal issues
- 01
Whether the appeal should be withdrawn following a settlement agreement between the parties.
- 02
Whether the Court should dismiss the appeal upon withdrawal and close the files.
Party arguments
- Applicant
- The appellants notified the Court that they have settled the dispute with the respondent and presented a settlement agreement dated 31st January 2023. They requested leave to withdraw the appeal and all related applications.
- Respondent
- The respondent concurred with the appellants' notification of settlement and did not oppose the withdrawal of the appeal and closure of the files.
05
Court’s reasoning
Legal principles
- 01
Rule 2(21) of the Rules of the Court of Appeal of Uganda
Courts encourage parties to settle their disputes amicably and may grant leave for withdrawal of proceedings upon settlement.
06
Ratio, limits and disposition
Ratio decidendi
The Court granted leave for the parties to withdraw the appeal and all related applications based on their notification of settlement and presentation of a settlement agreement. The appeal was dismissed by reason of withdrawal, and all files were ordered closed upon filing of the consent withdrawal. The decision was made in accordance with Rule 2(21) of the Rules of the Court of Appeal, which empowers the Court to allow withdrawal of proceedings where parties have settled their dispute. The Court emphasized its support for parties resolving disputes amicably without the need for a formal judgment.
Court disposition
appeal withdrawn and dismissed by consent
- Leave is granted for the parties to formally withdraw the appeal and all applications thereunder.
- The appeal stands dismissed by reason of withdrawal.
- All files shall stand closed after the filing of the consent withdrawal.
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
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPEAL NO. 0184 OF 2016
| | 1. KAYONZA DISTRIBUTORS LTD | | |--|-----------------------------|--| | | | |
2. SEZI MITEGYEKO
=APPELLANTS
3. JANET MITEGYEKO
VERSUS
BANK OF AFRICA LIMITED--= = RESPONDENT
CORAM:
a
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA
RULING OF COURT
The parties have notified Court that they have settled their dispute and there is no need for Court to render Judgment. They have shown Court a settlement agreement dated 31st Janua ry 2023 as evidence of the settlement.
Given this development and the fact that Courts support parties settling their own disputes, this Court now hereby grants leave under Rule 2 (21 of the Rules of this Court for parties herein to formally withdraw this Appeal and all Applications there under and
1, h-W,4
thereafter, this Appeal shall stand dismissed by reason of withdrawal. This should be done by 5.00pm today 19th July 2023. All files shall stand closed after the filing of the consent with d rawa l.
We so order.
a
a
It <sup>t</sup>1^. Dated at Ka m pa la th is day 2023
, t
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA
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