Uganda Judgment

Court of Appeal of Uganda

Nyende David v KPI Security Services Ltd (Court of Appeal Civil Appeal No. 35 of 2015) [2021] UGCA 225 (21 January 2021)

Civil Procedure Withdrawal of Appeal Consent Judgment Settlement of Related Suits

Citation: [2021] UGCA 225
Status: Judgment
Jurisdiction: Uganda
Court: Court of Appeal of Uganda
Posture: Civil Appeal / Withdrawal by Consent
Case number: Court of Appeal Civil Appeal No. 35 of 2015
Language: English

More details

Court: Court of Appeal of Uganda
Posture: Civil Appeal / Withdrawal by Consent
Case number: Court of Appeal Civil Appeal No. 35 of 2015
Language: English

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The Court, having received the consent of both parties, orders the withdrawal of Civil Appeal No. 35 of 2015. All related suits and applications listed in the annexure are deemed settled. The appellant is ordered to pay Ug. Shs.8,000,000 to the respondent in three monthly instalments, with payment details specified. In case of default, the outstanding amount becomes immediately due with interest at 5% per month, and the appellant is liable for any recovery costs incurred by the respondent. Each party shall bear its own costs for the appeal. The consent agreement is binding and enforceable as per its terms.

Court disposition

appeal withdrawn by consent; settlement of all related suits and applications; costs agreed and payable by appellant

Orders

Civil Appeal No. 35 of 2015 is wholly withdrawn against the respondent.
All related suits and applications listed in the annexure are settled.
The appellant shall pay Ug. Shs.8,000,000 to the respondent in three monthly instalments as specified.
Each party shall bear their own costs of this appeal.
Upon default, the full outstanding amount becomes due with interest at 5% per month and recovery costs are payable by the appellant.

Material facts

Parties

Nyende David

Appellant Counsel: Rwaganika & Co. Advocates

KPI Security Services Ltd

Respondent Counsel: Walusimbi & Co. Advocates

Amounts and remedies

Agreed Costs Payable by Appellant: UGX 8,000,000
First Instalment: UGX 3,000,000
Second Instalment: UGX 3,000,000
Third Instalment: UGX 2,000,000
Interest Rate on Default (monthly): 5

Procedural history

Posture

Civil Appeal / Withdrawal by Consent

Questions and positions

Legal issues

01
Whether the appeal should be withdrawn by consent of the parties.
02
Whether all related suits and applications arising from the subject guarding services are settled by this agreement.
03
Whether the appellant is liable to pay agreed costs and under what terms.

Party arguments

Applicant: The appellant consents to the withdrawal of the appeal and agrees to settle all related suits and applications as listed in the annexure. The appellant further agrees to pay the respondent Ug. Shs.8,000,000 in three monthly instalments and acknowledges responsibility for any recovery costs in case of default.
Respondent: The respondent consents to the withdrawal of the appeal and the settlement of all related suits and applications. The respondent agrees to bear its own costs for the appeal but requires the appellant to pay the agreed costs and comply with the terms of payment, including interest and recovery costs in case of default.

Court’s reasoning

Legal principles

01
Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10

An appeal may be withdrawn by consent of the parties under Rule 94(3) of the Judicature (Court of Appeal) Rules.
02
General principles of civil procedure and settlement

Settlement agreements may compromise all related suits and applications between the parties.
03
Terms of the consent agreement

Costs and recovery terms agreed by consent are enforceable as per the terms of the agreement.

Ratio, limits and disposition

Ratio decidendi

The Court, having received the consent of both parties, orders the withdrawal of Civil Appeal No. 35 of 2015. All related suits and applications listed in the annexure are deemed settled. The appellant is ordered to pay Ug. Shs.8,000,000 to the respondent in three monthly instalments, with payment details specified. In case of default, the outstanding amount becomes immediately due with interest at 5% per month, and the appellant is liable for any recovery costs incurred by the respondent. Each party shall bear its own costs for the appeal. The consent agreement is binding and enforceable as per its terms.

Obiter and limits

Time is of the essence in the execution of the consent agreement.
Upon default, interest at 5% per month applies to outstanding amounts until payment in full.
The appellant is responsible for any recovery costs, including legal and bailiffs' fees, in the event of default.

Court disposition

appeal withdrawn by consent; settlement of all related suits and applications; costs agreed and payable by appellant

Civil Appeal No. 35 of 2015 is wholly withdrawn against the respondent.
All related suits and applications listed in the annexure are settled.
The appellant shall pay Ug. Shs.8,000,000 to the respondent in three monthly instalments as specified.
Each party shall bear their own costs of this appeal.
Upon default, the full outstanding amount becomes due with interest at 5% per month and recovery costs are payable by the appellant.

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.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal of Uganda

Judgment

[2021] UGCA 225

| POURT OF $\delta$ ۸NDA THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPA COURT OF APPEAL CIVIL APPEAL NO 35 OF 2015 | | | |-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|--| | NYENDE DAVID:::: :::::::::::::::::::::::APPELLANT | | | | VERSUS | | | | KPI SECURITY SERVICES LTD::::: ********* | | | | WITHDRAWAL OF APPEAL BY CONSENT. (Under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10) | | | | BY CONSENT of the parties, IT IS HEREBY AGREED, as follows: | | | | 1. Civil Appeal NO 35 OF 2015 be wholly withdrawn against the respondent | | | | 2. That each party shall bear their own costs of this Appeal | | | | V 3. Other terms of this consent are as per the annexure attached. ત્રેશ્વ | | | | day of $Decem$ DATED and signed at Kampala this 2020. | | | | WE CONSENT: RWAGA IDVOCATES WALUSIMBI & CO. AD (COUNSEL FOR THE RESPONDENT) (COUNSEL FOR THE APPELT | | | | GIVEN under my Hand and the Seal of the Honourable Court this $2\Gamma$ day $202\mathbb{Q}$ . of Jamary JUSTICE OF APPEAL | | | | JOINTLY DRAWN AND FILED BY Walusimbi & Co Advocates, Rwaganika & Co. Advocates, 5 th Floor Kampala Boulevard Building P. O. Box 12110 P. O. Box 1148, Kampala Kampala | | | | 2500 250003367843 | | |

Read and Birlyd Nasson Ks Walmandzi & G. Almoartks 27th (Jan 2021)

$\overline{\phantom{a}}$

8 7010 Att 15/12/2020

"ANDERTURE

THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA COURT OF APPEAL CIVIL APPEAL NO 35 OF 2015 NYENDE DAVID:::::::::::::::::::::::::::::::::::

VERSUS

KPI SECURITY SERVICES LTD::::::::::::::::::::::::::::::::::::

CONSENT AGREEMENT.

An annexture to the consent withdrawal, BY CONSENT of the parties IT IS HEREBY AGREED as follows:

- 1. Court of Appeal Civil Appeal no35/2015 is hereby compromised subject to this consent agreement. - 2. All previous suits in this matter as well as all applications thereunder and related disputes arising from the subject guarding services are hereby settled inclusive of these listed below: - High Court of Uganda at Kampala Execution Division HCMA $i$ 2975 /2015 Nyende David Vs KPI Security Services. - High Court of Uganda at Kampala Execution Division HCMA $ii)$ 2976/2015 Nyende David Vs KPI Security Services - High Court of Uganda at Kampala Execution Division HCMA $iii)$ 454/2018 Nyende David Vs KPI Security Services. - Chief Magistrates Court of Makindye at Makindye HCMA $iV$ ) 317/2015 Nyende David Vs KPI Security Services Ltd - $\mathsf{V}$ ) High Court of Uganda at Kampala Execution Division HCMA 453/2018 Nyende David Vs KPI Security Services. - High Court of Uganda at Kampala HC EMA 2943/2014 Nyende $\vee$ i) David Vs KPI security Services Limited - High Court of Uganda at Kampala HCMA No 3125/2014 Nyende vii) David Vs KPI Security Services Limited - High Court of Uganda at Kampala HC Civil Revision No 4 /2015 viii) KPI Security Services Limited Vs Nyende David - High Court of Uganda at Kampala HCCA 1 /2014 Nyende David $ix)$ Vs KPI Security Services Limited - High Court of Uganda at Kampala HCCA 11/2018 Nyende David $\mathbf{x}$ ) Vs KPI Security Services Ltd -

High Court of Uganda at Kampala Civil Division CR 36 Of 2016 $xi$ KPI Security Services Ltd Vs Nyende David - High Court of Uganda at Kampala EMA 2180 of 2017 KPI xii) Security Services Ltd Vs Nyende David - Chief Magistrates Court of Makindye Civil Suit No. 160 of 2012 $xiii)$ Nyende David Vs KPI Security Services Limited - Chief Magistrates Court of Makindye Nyende David Vs KPI $xiv)$ Security Services Limited MA No. 70 of 2016 - Chief Magistrates Court of Nakawa CS No.588 of 2014 KPI $XV$ ) Security Services Ltd Vs Nyende David - xvi) High Court of Uganda at Kampala Taxation Appeal No.5 of 2015 KPI Security Services Ltd Vs Nyende David

- xvii) Chief Magistrates Court of Nakawa at Nakawa MA 392 OF 2014 Nyende David vs KPI Security Services Ltd - High Court of Uganda at Kampala Civil Revision No4 of 2015 KPI xviii) Security Services Ltd Vs Nyende David - 3. The appellant shall pay costs agreed to amount to Ug. Shs.8,000,000 (Uganda Shillings Eight Million) in three consecutive monthly instalments as follows:

| No. | Amount in Ug. Shillings | Due Date | |------|--------------------------------|---------------------------------| | | 3,000,000 | 15 th November, 2020 | | $2.$ | 3,000,000 | 28 th December, 2020 | | З. | 2,000,000 | 28 th January, 2021 |

4. The sums mentioned herein above shall be paid on the following account details and proof immediately formally furnished to Walusimbi & Co. Advocates by email to accounts@walusimbiadvocates.com

| ACCOUNT NAME: | WALUSIMBI & CO. ADVOCATES | |-----------------|---------------------------| | BANK: | UBA | | ACCOUNT NUMBER: | 0103015080 |

- 5. Upon default on the agreed terms of this Consent agreement, payment of the full amounts then outstanding shall become due together with interest at the rate of 5% per month on the said outstanding amounts from the date of default until payment in full and execution proceedings shall ensue.

- 6. Time is of the essence of this consent agreement. - 7. The appellant shall be responsible for any recovery costs (including but not limited to legal and bailiffs' costs) incurred by the respondent in the event of the appellants default.

Novembe DATED and signed at Kampala this day of 2020.

WE CONSENT: $\epsilon$ RWAGANIKK & CO. ADVOCATES

(COUNSEL FOR THE APPELLANT)

WALUSIMBI & CO. ADVOCATES

(COUNSEL FOR THE RESPONDENT)

GIVEN under my Hand and the Seal of the Honourable Court this 21st day of 2020

4 I JUSTICE OF APPEAL

$\mathbf{A}$

EXTRACTED AND FILED JOINTLY BY Walusimbi & Co Advocates, Rwa Rwaganika & C0. Advocates, P. O. Box 12110 5th Floor Kampala Boulevard Building P. O. Box 1148, Kampala Kampala

Authorities

Authorities used by the court

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

Judicature (Court of Appeal) Rules SI 13-10, Rule 94(3)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

Nyende David v KPI Security Services Ltd (Court of Appeal Civil Appeal No. 35 of 2015) [2021] UGCA 225 (21 January 2021)

Holding and result

Material facts

Parties

Amounts and remedies

Procedural history

Questions and positions

Legal issues

Party arguments

Court’s reasoning

Legal principles

Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10

General principles of civil procedure and settlement

Terms of the consent agreement

Ratio, limits and disposition

Court disposition

Source and reliance status

Judgment text

## **VERSUS**

## **CONSENT AGREEMENT.**

Authorities used by the court

Judicature (Court of Appeal) Rules SI 13-10, Rule 94(3)

Ask AI about this case

VERSUS

CONSENT AGREEMENT.