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Savio Ojok Awany v Oyet Michael (Civil Appeal No. 078 of 2013) [2019] UGCA 2118 (4 July 2019)
- Citation
- [2019] UGCA 2118
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Consent Settlement; Appeal Withdrawn
- Case number
- Civil Appeal No. 078 of 2013
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Consent Settlement; Appeal Withdrawn
- Case number
- Civil Appeal No. 078 of 2013
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The parties, having acknowledged the underlying mortgage transaction and the sums paid by the respondent to redeem the suit land, agreed to resolve the dispute amicably. The appellant undertook to pay consolidated compensation, including reimbursement of the sums advanced by the respondent, in exchange for the return of the certificate of title and surrender of the suit land. The respondent agreed to execute the necessary transfer and hand over vacant possession. The court, upon being satisfied that the settlement was voluntary and comprehensive, endorsed the consent, thereby withdrawing the appeal and bringing the litigation to a final close. The orders reflect the parties' mutual intention to resolve all claims arising from the transaction and litigation.
Court disposition
Appeal withdrawn by consent; parties to bear their own costs; full and final settlement recorded.
Orders
- The appeal is withdrawn with consent of the parties.
- Each party shall bear its own costs.
- The respondent shall return the certificate of title to the appellant and surrender the suit land with all developments thereon.
- The appellant shall pay UGX 60,000,000 as consolidated compensation to the respondent, including refund of sums paid to redeem the mortgage.
- The respondent shall execute a transfer of the certificate of title into the appellant's name upon execution of the settlement, with part payment of UGX 30,000,000 contemporaneously and the balance upon completion of the transfer.
- The respondent shall hand over vacant possession of the suit land to the appellant upon execution of the settlement.
- This settlement constitutes full and final settlement of the respondent's claim.
02
Material facts
Parties
Savio Ojok Awany
Appellant Counsel: M/s Oroma & Co. AdvocatesOyet Michael
Respondent Counsel: M/s Barenzi & Co. AdvocatesAlyi Patrick Lalur
Respondent Counsel: M/s Barenzi & Co. AdvocatesAmounts and remedies
- Compensation to Respondent (total): UGX 60,000,000
- Refund of Sums Paid by Respondent (included in Total): UGX 25,236,230
- Initial Part Payment Upon Execution: UGX 30,000,000
- Amount Paid by Respondent to NPART: UGX 6,830,000
- Amount Paid by Respondent to Appellant: UGX 18,406,230
03
Procedural history
Posture
Civil Appeal / Consent Settlement; Appeal Withdrawn
04
Questions and positions
Legal issues
- 01
Whether the appeal should be withdrawn by consent of the parties.
- 02
Whether the respondent is entitled to compensation for sums paid to redeem the mortgaged property.
- 03
Whether the respondent should return the certificate of title and surrender the suit land to the appellant.
- 04
Whether the settlement constitutes full and final settlement of all claims.
Party arguments
- Applicant
- The appellant agrees to withdraw the appeal and pay consolidated compensation to the respondent, including refund of sums paid to redeem the mortgaged property, in exchange for the return of the certificate of title and surrender of the suit land.
- Respondent
- The respondent agrees to return the certificate of title, surrender the suit land, and execute a transfer in favor of the appellant upon receipt of the agreed compensation, thereby settling all claims.
05
Court’s reasoning
Legal principles
- 01
Order 25 of the Civil Procedure Rules (Uganda)
A consent settlement, once endorsed by the court, is binding on the parties and operates as a final resolution of the dispute.
- 02
Section 115, Registration of Titles Act (Cap 230)
A party who redeems mortgaged property on behalf of another is entitled to reimbursement of sums paid, subject to agreement or court order.
06
Ratio, limits and disposition
Ratio decidendi
The parties, having acknowledged the underlying mortgage transaction and the sums paid by the respondent to redeem the suit land, agreed to resolve the dispute amicably. The appellant undertook to pay consolidated compensation, including reimbursement of the sums advanced by the respondent, in exchange for the return of the certificate of title and surrender of the suit land. The respondent agreed to execute the necessary transfer and hand over vacant possession. The court, upon being satisfied that the settlement was voluntary and comprehensive, endorsed the consent, thereby withdrawing the appeal and bringing the litigation to a final close. The orders reflect the parties' mutual intention to resolve all claims arising from the transaction and litigation.
Obiter and limits
- Consent settlements are encouraged by the courts as a means of expeditious and amicable resolution of disputes.
- Once a consent judgment is entered, parties are generally bound by its terms unless vitiated by fraud, mistake, or misrepresentation.
Court disposition
Appeal withdrawn by consent; parties to bear their own costs; full and final settlement recorded.
- The appeal is withdrawn with consent of the parties.
- Each party shall bear its own costs.
- The respondent shall return the certificate of title to the appellant and surrender the suit land with all developments thereon.
- The appellant shall pay UGX 60,000,000 as consolidated compensation to the respondent, including refund of sums paid to redeem the mortgage.
- The respondent shall execute a transfer of the certificate of title into the appellant's name upon execution of the settlement, with part payment of UGX 30,000,000 contemporaneously and the balance upon completion of the transfer.
- The respondent shall hand over vacant possession of the suit land to the appellant upon execution of the settlement.
- This settlement constitutes full and final settlement of the respondent's claim.
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 | |--|------------------------| |--|------------------------|
COURT OF APPEAL OF UGANDA
$\mathbf{G}$
IN TH COURT OF APPEAL OF UGANDA HOLDEN AT KAMPALA CIVIL APPEAL NO. 078 OF 2013 (Arising from Gulu Civil Suit No. 49 of 2008)
...................................... SAVIO OJOK AWANY::::::::::::::::
$=$ VERSUS $=$
OYET MICHAEL:::::::::::::::::::: <u>....................................</u>
Through His Lawful Attorney
ALYI PATRICK LALUR
CONSENT SETTLEMENT
BY CONSENT OF THE PARTIES;
- That the appeal is accordingly withdrawn. (a) - That each parties shall bear its costs. $(b)$
That this consent is premised on the following considerations;
WHEREAS the parties acknowledge that;
- a) The transactions that led to the suit in the lower court arose from a mortgage over a piece of land comprised in LRV 1330 Folio 16, Nwoya Block 1 Plot Number 18, whereby the Respondent helped the Appellant in 2001 to redeem the suit land from Non-Performing Assets recovery Trust (NPART) and; - b) The Respondent paid to (NPART) Ush. 6,830,000/= and Ush. $18,406,230/$ = to the Appellant, in consideration for a transfer to the Respondent. - c) The parties desire that the protracted litigation be brought to an end with an amicable settlement.
The parties hereby agree to the terms of settlements as follows;
- 1. That the appeal is accordingly withdrawn with consent and each of the parties is to bear their own costs. - 2. That the Respondent agrees to return the certificate of title to the Appellant and agrees to surrender the suit land to the Appellant with all developments thereon and cease to have any interests whatsoever in the suit land. - 3. That the Appellant agrees to pay a total of UGX. $60,000,000/=(Uganda)$ shillings sixty million only) as consolidated compensation to cover interests, damages and costs of the suit in the lower court. That the said amount shall also include a refund of the UGX. 25,236,230/= (Uganda shillings twenty five million, two hundred thirty six thousand, two hundred thirty only) being money paid by the Respondent towards the release of the mortgage over the suit land and money paid to the appellant. - 4. That the Respondent agrees to execute a transfer of the certificate of title into the names of the Appellant at the execution of this settlement and the Appellant shall contemporaneously make part payment of the agreed amount to the Respondent to the tune of UGX. 30,000,000/= (Uganda shillings thirty million only), the balance shall be paid immediately upon completion of the transfer. - 5. That upon execution of this settlement, the Respondent shall handover vacant possession of the suit land to the Appellant. - 6. That this settlement shall form the full and final settlement of the Respondent's claim.
DATED AT KAMPALA this.................................... .......2019 SAVIO OJOK AWANY ALYI PATRICT LALUR
APPELLANT
RESPONDENT'S LAWFUL ATTORNEY
M/S OROMA & CO. ADVOCATES COUNSEL FOR APPELLANT
CO. ADVOCATES $M/S$ BARENZI COUNSEL FOR RESPONDENT
Lodged in the court of Appeal and endorsed by the court as the final settlement this....................................
Jointly Drawn and Filed by:
M/s Barenzi & Co. Advocates Plot 20 Gulu Avenue, 2<sup>nd</sup> Floor Cynibel Builiding Suite 11. P. O. Box 573, Gulu
AND M/s Oroma & Co. Advocate Plot 1/3 Airfield Road Post Office building P. O. Box 788, Gulu.
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