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Uganda Judgment

Court of Appeal of Uganda

Victoria Seeds Limited v Tonny Okello (Civil Appeal No. 148 of 2014) [2016] UGCA 98 (6 October 2016)

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Source document

01

Holding and result

The Court of Appeal, upon the joint request and consent of both parties and their counsel, allowed the withdrawal of Civil Appeal No. 148 of 2014. The court recognized the parties' agreement that each would bear its own costs for both the appeal and the proceedings in the court below. The court exercised its discretion under the Civil Procedure Rules and the Civil Procedure Act to formalize the withdrawal and to order that there be no order as to costs, reflecting the parties' mutual consent and the absence of any contest on the issue.

Court disposition

Appeal withdrawn by consent; each party to bear its own costs.

Orders

  • The appeal is withdrawn by consent of both parties.
  • Each party shall bear its own costs of the appeal and in the court below.

02

Material facts

Parties

Victoria Seeds Limited

Appellant Counsel: Masembe, Makubuya, Adrikio, Karugaba & Ssekatawa Advocates

Tonny Okello

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Withdrawal by Consent Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant, with the consent of the respondent, seeks to withdraw the appeal and requests that each party bears its own costs for both the appeal and the court below.
Respondent
The respondent consents to the withdrawal of the appeal and agrees that each party should bear its own costs.

05

Court’s reasoning

  1. 01

    Order 43 rule 17 of the Civil Procedure Rules (Uganda)

    A party may withdraw an appeal by consent, subject to the approval of the court, and the court may make orders as to costs.

  2. 02

    Section 27 of the Civil Procedure Act (Cap 71)

    Costs are at the discretion of the court, and may be ordered as agreed by the parties or as the court deems fit.

06

Ratio, limits and disposition

Ratio decidendi

The Court of Appeal, upon the joint request and consent of both parties and their counsel, allowed the withdrawal of Civil Appeal No. 148 of 2014. The court recognized the parties' agreement that each would bear its own costs for both the appeal and the proceedings in the court below. The court exercised its discretion under the Civil Procedure Rules and the Civil Procedure Act to formalize the withdrawal and to order that there be no order as to costs, reflecting the parties' mutual consent and the absence of any contest on the issue.

Court disposition

Appeal withdrawn by consent; each party to bear its own costs.

  • The appeal is withdrawn by consent of both parties.
  • Each party shall bear its own costs of the appeal and in the court below.

Source and reliance status

Court of Appeal of Uganda

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Source document

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Judgment text

The complete available source text.

Source document

Court of Appeal of Uganda

Judgment

[2016] UGCA 98

THE REPUBLIC OF UGANA IN THE COURT OF APPEAL OF UANDA AT KAMPALA CIVIL APPEAL NO. 148 OF 2014 (ARISING FROM Civil Suit NO. 65 of 2011)

VICTORIA SEEDS LIMITED ======================APPELLANT

VERSUS

TONNY OKELLO =================

CONSENT ORDER FOR WITHDRAWAL OF APPEAL

BY CONSENT of both counsel to the appeal and in agreement with the parties to the appeal we hereby request that the above appeal be withdrawn with each party to bear his/its own cost of both the appeal and in the court below.

DATED at Kampala this .................................... Plot 2878 Namanve Industrial Park P. O. Box.11913 Kampala OKOT JOSEPHINE, MANAGING TONNY OKELLO VICTORIA SEEDS LIMITED RESPONDENT APPELLANT COUNSEL FOR THE APPELLANT COUNSEL FOR THE RESPONDENT FEES PAID = RECEIPT NO.... O. O. && SIGN.

BY CONSENT of both counsel and the parties to this appeal IT IS HEREBY ORDERED that the above appeal be and is hereby withdrawn. Each party shall bear his/its own cost of the appeal and in the court below.

GIVEN under my hand and the seal of this court this .... day of $= 2016$

REGISTRAR COURT OF APPEAL

$\mathbf{L} = \mathbf{L} \mathbf{L}$

DRAWN BY M/S MASEMBE, MAKUBUYA, ADRIKO, KARUGABA & SSEKATAWA ADVOCATES 3<sup>RD</sup> FLOOR, DIAMOND TRUST BLDG, 17/19 KAMPALA ROAD P. O. BOX 7166 KAMPALA

$\mathbf{r} = \mathbf{r} \times \mathbf{r}_{\text{max}}$

$\n *W*\n$ $\n \frac{1}{6} \frac{1}{10} \frac{1}{2016}\n$

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

Authorities

Authorities used by the court

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

Order 43 rule 17 of the Civil Procedure Rules (Uganda)

Legislation

Legislation referenced in the available case record.

Section 27 of the Civil Procedure Act (Cap 71)

Legislation

Legislation referenced in the available case record.

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