Uganda Judgment

Court of Appeal of Uganda

Opportunity Bank (U) Ltd v Asege Winnie and Another (Civil Appeal No 195 of 2016) [2022] UGCA 364 (8 September 2022)

Commercial and Corporate Bank Liability Settlement Agreements Appeal Withdrawal

Citation: [2022] UGCA 364
Status: Judgment
Jurisdiction: Uganda
Court: Court of Appeal of Uganda
Posture: Civil Appeal / Withdrawal by Consent
Case number: Civil Appeal No 195 of 2016
Language: English

More details

Court: Court of Appeal of Uganda
Posture: Civil Appeal / Withdrawal by Consent
Case number: Civil Appeal No 195 of 2016
Language: English

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The Court of Appeal accepted the joint consent of the parties to withdraw Civil Appeal No. 195 of 2016. The withdrawal is unconditional and each party bears its own costs. The appellant is to pay the respondent Ushs. 50,000,000 in full and final settlement, with payment to be made through the respondent's advocate's bank account. Upon execution of the consent agreement, all claims and disputes arising from the appeal are deemed settled, and no party retains any further claim against the other in respect of the subject matter of the appeal. The court's decision is grounded in the parties' mutual agreement and the applicable procedural rule permitting withdrawal by consent.

Court disposition

appeal withdrawn by consent; settlement agreement entered

Orders

Civil Appeal No. 195 of 2016 is wholly withdrawn against the respondent.
Each party shall bear its own costs of the appeal.
The appellant shall pay the respondent Ushs. 50,000,000 in full and final settlement.
Payment shall be made through Bank Account No. 9030073318971 (Stanbic Bank Lugogo Branch) in the name KTA Advocates.
All claims and disputes arising from Civil Appeal No. 195 of 2016 are settled and no party shall pursue further claims.

Material facts

Parties

Opportunity Bank (U) Ltd

Appellant Counsel: Ligomarc Advocates

Asege Winnie

Respondent Counsel: KTA Advocates

MADD Limited

Third Party Counsel: Kibukamusoke and Tendo Advocates

Amounts and remedies

Settlement Amount: UGX 50,000,000

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Whether the appeal should be withdrawn by consent of the parties.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 the settlement terms are binding and final upon execution.
03
Whether any party retains claims arising from Civil Appeal No. 195 of 2016 after the consent agreement.

Party arguments

Applicant: The appellant, Opportunity Bank (U) Ltd, agreed to withdraw the appeal against the respondent, Asege Winnie, and settle all claims by paying Ushs. 50,000,000 in full and final settlement. The withdrawal and settlement are to be effected by consent, with each party bearing its own costs.
Respondent: The respondent, Asege Winnie, accepted the withdrawal of the appeal and the settlement sum of Ushs. 50,000,000, with the payment to be made through the designated bank account. The respondent agreed that upon signing the consent, no further claims would be pursued against the appellant.

Court’s reasoning

Legal principles

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

A civil appeal may be withdrawn by consent of the parties under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10.
02
General principles of contract law and civil procedure

Settlement agreements executed by all parties are binding and operate as a final compromise of the dispute.

Ratio, limits and disposition

Ratio decidendi

The Court of Appeal accepted the joint consent of the parties to withdraw Civil Appeal No. 195 of 2016. The withdrawal is unconditional and each party bears its own costs. The appellant is to pay the respondent Ushs. 50,000,000 in full and final settlement, with payment to be made through the respondent's advocate's bank account. Upon execution of the consent agreement, all claims and disputes arising from the appeal are deemed settled, and no party retains any further claim against the other in respect of the subject matter of the appeal. The court's decision is grounded in the parties' mutual agreement and the applicable procedural rule permitting withdrawal by consent.

Obiter and limits

The court commends the parties for amicably resolving their dispute without further litigation.
Settlement by consent is encouraged as it promotes judicial economy and finality.

Court disposition

appeal withdrawn by consent; settlement agreement entered

Civil Appeal No. 195 of 2016 is wholly withdrawn against the respondent.
Each party shall bear its own costs of the appeal.
The appellant shall pay the respondent Ushs. 50,000,000 in full and final settlement.
Payment shall be made through Bank Account No. 9030073318971 (Stanbic Bank Lugogo Branch) in the name KTA Advocates.
All claims and disputes arising from Civil Appeal No. 195 of 2016 are settled and no party shall pursue further claims.

Source and reliance status

Court of Appeal of Uganda

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Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal of Uganda

Judgment

[2022] UGCA 364

| COURT OF APPEAL OF UGANUA | | |-------------------------------------------|--| | 1 : AUG 2022 $\epsilon_{\mathfrak{F}}$ | | | RECLIVED $1300$ sing | |

THE REPUBLIC OF UGANDA

IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

CIVIL APPEAL NO 195 OF 2016

| OPPORTUNITY BANK (U) LTD | | APPELLANT | |---------------------------------|---------------|-------------| | | VERSUS | | | ASEGE WINNIE | | RESPONDENT | | AND | | | | MADD LIMITED | | THIRD PARTY |

WITHDRAWAL OF THE APPEAL BY CONSENT Under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10

By consent of the Appellant, the Respondent, and the Third party in the presence of their respective Counsel, IT IS HEREBY AGREED as follows;

- 1. Court of Appeal Civil Appeal No.195 of 2016 be and is hereby wholly withdrawn against the Respondent. - 2. Each party shall meet their respective costs of this Appeal.

3. Other terms of this consent are as per the annexture attached and marked "A" Signed at Kampala this .................................... $\ldots$ day of $\ldots$ $\ldots$ 2022. Western Wing, Social security House, Rd. P. O. Box 8230 Kampala, Uganda +256-41-4255801, +256-31-2264154 941-4255805, Email: ligornarc@ligemarc.com <del>noomarc.com</del>

Counsel for the Appellant

Counsel for the Respondent

The parties to this Appeal hereby place their signatures against their names on the date first above mentioned as a sign of acceptance of the terms contained herein.

Appellant

ASCGE KINNIE Respondent

GIVEN under my hand and seal of this Honorable court at Kampala on this. O. S.....day of Jephenbur 2022.

シドCFI

e of Appeal Ju

Jointly drawn & Filed by: Ligomarc Advocates, 5th Floor – Western Wing, Social Security House, Plot 4 Jinja Road, P. O. *Box* 8230, *Kampala*. Tel: $041-255801/031-264154$ *Fax: 041-255805* E-mail: ligomarc@ligomarc.com Website: www.ligomarc.com $\mathscr{O}^{\flat}$ KTA Advocates (Formerly Karuhanga, Tabaro & Associates) Floor 3, Plot 4 Hannington Road, Kampala Uganda Tel: 0414530114 $\mathcal{C}$ Kibukamusoke and Tendo Advocates and Legal Consultants Plot 674 Kabanjagala Road, Kampala.

| OF APPEA' OF | | | |-------------------|---|--| | M tt Au8n22 | @ | | | RECE,VED | | |

THE REPUBLIC OF UGAI{DA

IN THE COURT OF APPEAL OF UGAI{DAAT KAIVIPALA

CIYIL APPEAL NO 195 OF 2016 oPPORTLTNITY BAr{K (U) LTD I APPELI-ANI'T

:rr

A]\ID MADD LIMITED THIRD PARTY ASEGE WINNIE \IERSUS I RESPONDENT

CONSENT AGREEMENT

A}I ANNEXTURE TO THE WITHDRAWAL BY CONSENT OF COURT OF APPEAL CIVIL APPEAL NO. 195 OF 2016;

The panies further agree to the following tetms as a final and amicable setdement of the dispute between themselves;

- 1. Court of Appeal Civil Appeal No.195 of 2076 is hereby comptomised subject to this consent agreement. - 2. The Appellant shall pay the Respondent a stun of Ushs. 50,000,000 (Jganda ShilIings, Fifty Million) only in full and final settlement of the matter. - 3. The money in 2 above shall be paid through Bank Account No. 9030073318971 (Stanbic Bank Lugogo Branch) in the narne KTA Advocates. - 4. All disputes and claims between the parties adsing from Civil Appeal No.195 of 2076 arehereby setded and upon signing this agreement; nether p^fiy has a claim against the other.

| Signed at Kampal, ,fri, .1.* day of. | .2022. | |-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------| | | a | | Counsel For the Appellant | for the Respondent | | Ligoer,crp, \$" 9oor, Uy'estetn 'rr,/iog, Social sccurily Houso, 4 Jrrrja Rd. P. O. Box 8230 Kanlpala, Uganda Tel: +25641.12558{t1, +25ti.31.126.1{ 54 Fax: 941 42ssatlE, Ernnil: llilolnars@iigcmarc.com VlleD: wvrw.tigol t lufc.coin | rd:cEip{ H!CH rllVl\$li1 LAN |

The parties to this Appeal hereby place their signatures against their names on the date first above mentioned as a sign of acceptance of the terms contained herein.

Appellant

$\gamma \cdot t$

ASEGE WINNIE Board. Respondent

GIVEN under my hand and seal of this Honorable court at Kampala on this. Committee day of the fem with 2022.

ppeal

*Jointly drawn & Filed by:* Ligomarc Advocates, 5th Floor – Western Wing, Social Security House, Plot 4 Jinja Road, P. O. *Box* 8230, *Kampala*. Tel: $041-255801/031-264154$ *Fax: 041-255805* E-mail: ligomarc@ligomarc.com Website: www.ligomarc.com & KTA Advocates (Formerly Karuhanga, Tabaro & Associates) Floor 3, Plot 4 Hannington Road, Kampala Uganda Tel: 0414530114 $\mathscr{O}^{\omega}$ Kibukamusoke and Tendo Advocates and Legal Consultants Plot 674 Kabanjagala Road, Kampala.

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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.

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Opportunity Bank (U) Ltd v Asege Winnie and Another (Civil Appeal No 195 of 2016) [2022] UGCA 364 (8 September 2022)

Holding and result

Material facts

Parties

Amounts and remedies

Procedural history

Questions and positions

Legal issues

Party arguments

Court’s reasoning

Legal principles

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

General principles of contract law and civil procedure

Ratio, limits and disposition

Court disposition

Source and reliance status

Judgment text

# THE REPUBLIC OF UGANDA

### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

#### **CIVIL APPEAL NO 195 OF 2016**

# WITHDRAWAL OF THE APPEAL BY CONSENT Under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10

### THE REPUBLIC OF UGAI{DA

# IN THE COURT OF APPEAL OF UGAI{DAAT KAIVIPALA

#### CIYIL APPEAL NO 195 OF 2016 oPPORTLTNITY BAr{K (U) LTD <sup>I</sup> APPELI-ANI'T

# CONSENT AGREEMENT

# A}I ANNEXTURE TO THE WITHDRAWAL BY CONSENT OF COURT OF APPEAL CIVIL APPEAL NO. 195 OF 2016;

Authorities used by the court

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

Ask AI about this case

THE REPUBLIC OF UGANDA

IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

CIVIL APPEAL NO 195 OF 2016

WITHDRAWAL OF THE APPEAL BY CONSENT Under Rule 94(3) of the Judicature (Court of Appeal) Rules SI 13-10

THE REPUBLIC OF UGAI{DA

IN THE COURT OF APPEAL OF UGAI{DAAT KAIVIPALA

CIYIL APPEAL NO 195 OF 2016 oPPORTLTNITY BAr{K (U) LTD <sup>I</sup> APPELI-ANI'T

CONSENT AGREEMENT

A}I ANNEXTURE TO THE WITHDRAWAL BY CONSENT OF COURT OF APPEAL CIVIL APPEAL NO. 195 OF 2016;