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Uganda Judgment

Court of Appeal of Uganda

Turyagumanawe and Others v Attorney General and Another (Civil Appeal No. 152 of 2017) [2022] UGCA 363 (8 November 2022)

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Source document

01

Holding and result

The appeal was formally withdrawn upon application by counsel for the appellants. The court exercised its discretion not to make any order as to costs. The withdrawal was effected in accordance with the applicable procedural rules, and no objections or submissions were made by the absent respondent.

Court disposition

appeal withdrawn

Orders

  • Civil Appeal No. 152 of 2017 is formally withdrawn.
  • No order is made as to costs.

02

Material facts

Parties

Turyagumanawe Moses & Others

Appellant Counsel: Mugenyi & Co. Advocates

Attorney General & Another

Respondent Counsel: Attorney General

03

Procedural history

  1. Posture

    Civil Appeal / Withdrawal

04

Questions and positions

Legal issues

Party arguments

Applicant
Counsel for the appellants appeared and moved for formal withdrawal of the appeal. No submissions were made regarding costs.
Respondent
The Attorney General was absent and made no submissions.

05

Court’s reasoning

  1. 01

    Court of Appeal Rules

    A party may formally withdraw an appeal before the court.

  2. 02

    Court of Appeal Rules

    The court has discretion to make orders as to costs upon withdrawal of an appeal.

06

Ratio, limits and disposition

Ratio decidendi

The appeal was formally withdrawn upon application by counsel for the appellants. The court exercised its discretion not to make any order as to costs. The withdrawal was effected in accordance with the applicable procedural rules, and no objections or submissions were made by the absent respondent.

Court disposition

appeal withdrawn

  • Civil Appeal No. 152 of 2017 is formally withdrawn.
  • No order is made as to costs.

Source and reliance status

Court of Appeal of Uganda

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Judgment text

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Source document

Court of Appeal of Uganda

Judgment

[2022] UGCA 363

THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA HOLDEN AT KAMPALA CIVIL APPEAL NO. 152 OF 2017

TURYAGUMANAWE MOSES & OTHERS .................................... VERSUS

ATTORNEY GENERAL & ANOTHER ....................................

ORDER

This matter coming up formal withdrawal of the appeal before the Registrar Her Worship Lillian Buchyana this 20<sup>th</sup> day of October, 2022 in the presence of Counsel Mr. Hamu Mugenyi in the absence of the Attorney General.

IT IS HEREBY ORDERED that:

1. Civil Appeal No. 152 of 2017 is formally withdrawn.

2. No order is made as to costs.

For:- Mugenyi & Co. Advocates Counsel for the Appellants

For:- Attorney General Counsel for the Respondent

Give under my Hand and Seal of this Honourable Court this ......... day of $\mathcal{N}$ 2022.

REGISTRAR / DEPUTY REGISTRAR

Extracted by:

M/s Mugenyi & Co. Advocates, Plot 52, Kampala Road, 5<sup>th</sup> Floor, King Fahd Plaza, P. O. Box 5600, Kampala.

FEES FAID. RECEIPT N SIGN. DATE

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

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Court of Appeal Rules

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