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United Bank for Africa (U) Limited v Mody Nouhou Barry (Civil Appeal No. 163 of 2016) [2016] UGCA 99 (13 December 2016)
- Citation
- [2016] UGCA 99
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Withdrawal by Consent
- Case number
- Civil Appeal No. 163 of 2016
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Withdrawal by Consent
- Case number
- Civil Appeal No. 163 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court, upon being satisfied that both parties have entered into a consent settlement agreement and have jointly applied for withdrawal of the appeal, finds that there is no longer a dispute requiring adjudication. The withdrawal is allowed by consent, and in accordance with the agreement, each party is to bear its own costs. The court recognizes the autonomy of parties to settle their disputes and respects the terms mutually agreed upon, provided they do not contravene any law or public policy. The operative orders are made in line with the parties' consent and the applicable procedural rules.
Court disposition
Appeal withdrawn by consent; no order as to costs.
Orders
- Civil Appeal No. 163 of 2016 is withdrawn by consent of the parties.
- Each party shall bear its own costs of the appeal.
02
Material facts
Parties
United Bank for Africa (U) Limited
Appellant Counsel: Raymond Aruho & Co. AdvocatesMody Nouhou Barry
Respondent Counsel: Kampala Associated Advocates03
Procedural history
Posture
Civil Appeal / Withdrawal by Consent
04
Questions and positions
Legal issues
- 01
Whether the appeal should be withdrawn by consent of the parties.
- 02
Whether costs should be awarded to either party upon withdrawal.
Party arguments
- Applicant
- The appellant and respondent have reached a consent settlement agreement and jointly request withdrawal of the appeal with each party bearing its own costs.
- Respondent
- The respondent agrees to the terms of the consent settlement and supports withdrawal of the appeal with no order as to costs.
05
Court’s reasoning
Legal principles
- 01
Civil Procedure Rules, Order 43
A civil appeal may be withdrawn by consent of the parties, subject to court approval.
- 02
Civil Procedure Act, Section 27
Costs may be determined by agreement of the parties or by the court upon withdrawal of proceedings.
06
Ratio, limits and disposition
Ratio decidendi
The Court, upon being satisfied that both parties have entered into a consent settlement agreement and have jointly applied for withdrawal of the appeal, finds that there is no longer a dispute requiring adjudication. The withdrawal is allowed by consent, and in accordance with the agreement, each party is to bear its own costs. The court recognizes the autonomy of parties to settle their disputes and respects the terms mutually agreed upon, provided they do not contravene any law or public policy. The operative orders are made in line with the parties' consent and the applicable procedural rules.
Court disposition
Appeal withdrawn by consent; no order as to costs.
- Civil Appeal No. 163 of 2016 is withdrawn by consent of the parties.
- Each party shall bear its own costs of the appeal.
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 IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPEAL NO. 163 OF 2016
UNITED BANK FOR AFRICA (U) LIMITED....................................
VERSUS
RESPONDENT MODY NOUHOU BARRY......
[Appeal from the Judgment and Orders of the High Court at Kampala in Civil Suit No. 19 of 2012 (Hon. Justice Benjamin Kabiito) dated 7<sup>th</sup> December 2015]
CONSENT WITHDRAW ORDER
By Consent of the parties to this Appeal on the 9<sup>th</sup> day of December 2016, pursuant to the parties' Consent Settlement Agreement specifying the terms of their settlement and a copy of which has been filed on the Court's record:
IT is ORDERED as follows:-
- 1. By Consent of the Appellant and Respondent, Civil Appeal No. 163 of 2016 is hereby withdrawn. - 2. Each party bears its own costs of the Appeal
Head of Legal for the Appellant Managing Director/CEO of Appellant Aruho Raymond Advocate Immissioner For Oaths In the presence of... Counsel for the Appellant $-4$ Advocates M-3650 Mody Nouhou Barry Kampala Associated Advocates Counsel for the Respondent Respondent GIVEN Under my Hand and Seal of this Hon. Court this.................................... $\therefore$ day of es pai EIPT NO.
Jointly drawn by:
Raymond Aruho & Co. Advocates
Suite R.10, 5th Floor, Namaganda Plaza, Plot 14, Luwum Street, P. O Box 33895, KAMPALA
Kamapala Associated Advocates
KAA House, Plot 14 Nakasero Road, P. O. Box 9566, KAMPALA
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