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Kayonza Distributors Limited and Others v Bank of Africa Limited (Civil Appeal 184 of 2016) [2023] UGCA 185 (19 July 2023)
- Citation
- [2023] UGCA 185
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Gashirabake, JA, Muzamiru, JA
- Case number
- Civil Appeal 184 of 2016
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Gashirabake, JA, Muzamiru, JA
- Case number
- Civil Appeal 184 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal granted leave for the parties to formally withdraw the appeal and all related applications based on the parties' notification of a settlement agreement. The court recognized the importance of supporting parties in settling their disputes without the need for a judicial determination. Upon filing the consent withdrawal, the appeal stands dismissed by reason of withdrawal, and all files are to be closed. This approach aligns with the court's policy to encourage amicable settlements and efficient resolution of disputes.
Court disposition
appeal withdrawn and dismissed by consent of parties
Orders
- Leave is granted for the parties to formally withdraw the appeal and all applications thereunder.
- Upon filing the consent withdrawal, 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
Whether the appeal should be withdrawn following a settlement agreement between the parties.
Party arguments
- Applicant
- The appellants and respondent jointly notified the court that they had reached a settlement and requested leave to withdraw the appeal and all related applications.
- Respondent
- The respondent concurred with the appellants in notifying the court of the settlement and supported the withdrawal of the appeal.
05
Court’s reasoning
Legal principles
- 01
Rule 2(2) of the Rules of the Court of Appeal of Uganda
Courts encourage and support parties to settle their own disputes amicably.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal granted leave for the parties to formally withdraw the appeal and all related applications based on the parties' notification of a settlement agreement. The court recognized the importance of supporting parties in settling their disputes without the need for a judicial determination. Upon filing the consent withdrawal, the appeal stands dismissed by reason of withdrawal, and all files are to be closed. This approach aligns with the court's policy to encourage amicable settlements and efficient resolution of disputes.
Court disposition
appeal withdrawn and dismissed by consent of parties
- Leave is granted for the parties to formally withdraw the appeal and all applications thereunder.
- Upon filing the consent withdrawal, 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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