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Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000) [2001] UGCA 53 (12 September 2001)
- Citation
- [2001] UGCA 53
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Mukasa-Kikonyogo, DCJ, kato ,JA, Kitumba, JA
- Case number
- CIVIL APPLICATION NO. 40 OF 2000
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Mukasa-Kikonyogo, DCJ, kato ,JA, Kitumba, JA
- Case number
- CIVIL APPLICATION NO. 40 OF 2000
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court held that since the respondent's counsel withheld consent to the withdrawal of the appeal, the proper course under Rule 93(4) of the Court of Appeal Rules was to dismiss the appeal with costs to the respondent. The court accepted the withdrawal but, in the absence of consent, ordered dismissal and awarded costs accordingly.
Court disposition
appeal dismissed with costs to respondent
Orders
- The appeal is dismissed with costs to the respondent under Rule 93(4) of the Court of Appeal Rules.
02
Material facts
Parties
Petra Nakiranda
AppellantBritish American Tobacco (1984) (U) Ltd.
Respondent03
Procedural history
Posture
Civil Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the appeal can be withdrawn without the respondent's consent under the applicable court rules.
- 02
Whether the respondent is entitled to costs upon dismissal of the appeal.
Party arguments
- Applicant
- The appellant sought to withdraw the appeal, presumably under the relevant rules of procedure, but did not secure the respondent's consent.
- Respondent
- The respondent's counsel withheld consent to the withdrawal, thereby triggering the application of Rule 93(4) of the Court of Appeal Rules, and sought dismissal of the appeal with costs.
05
Court’s reasoning
Legal principles
- 01
Rule 93(4) of the Court of Appeal Rules
An appeal may be withdrawn, but if the respondent withholds consent, the court may dismiss the appeal with costs to the respondent.
06
Ratio, limits and disposition
Ratio decidendi
The Court held that since the respondent's counsel withheld consent to the withdrawal of the appeal, the proper course under Rule 93(4) of the Court of Appeal Rules was to dismiss the appeal with costs to the respondent. The court accepted the withdrawal but, in the absence of consent, ordered dismissal and awarded costs accordingly.
Court disposition
appeal dismissed with costs to respondent
- The appeal is dismissed with costs to the respondent under Rule 93(4) of the Court of Appeal Rules.
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
$\mathbf{c} =$ THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
HON. JUSTICE L. E. M. MUKASA-KIKONYOGO, DCJ CORAM: HON. JUSTICE C. M. KATO, JA HON. JUSTICE C. N. B. KITUMBA, JA
CIVIL APPLICATION NO. 40 OF 2000
PETRA NAKIRANDA ...................................
VERSUS
BRITISH AMERICAN TOBACCO(1984) (U) LTD.} ……………………………………………………………………………………………………
> (Appeal Arising out of High Court Civil Suit No. 450 of 1997 before Hon. J. P. Tabaro, dated 26<sup>th</sup> May 2000)
RULING OF THE COURT
We accept the withdrawal of the appeal. As the counsel for the respondent has withheld the consent the appeal is, hence, dismissed with costs to the respondent under Rule 93 $\mathfrak{m}(4)$ of the Rules of this Court.
L. E. M. MUKASA-KIKONYOGO DEPUTY CHIEF JUSTICE C. M. KÄTO JUSTICE OF APPEAL C. N. B. KITUMBA
THE SET OF
12th | 9/2001
JUSTICE OF APPEAL
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