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Victoria Seeds Limited v Tonny Okello (Civil Appeal No. 148 of 2014) [2016] UGCA 98 (6 October 2016)
- Citation
- [2016] UGCA 98
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Withdrawal by Consent Order
- Case number
- Civil Appeal No. 148 of 2014
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Posture
- Civil Appeal / Withdrawal by Consent Order
- Case number
- Civil Appeal No. 148 of 2014
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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Appeal withdrawn by consent; each party to bear its own costs.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- The appeal is withdrawn by consent of both parties.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 AdvocatesTonny Okello
Respondent03
Procedural history
Posture
Civil Appeal / Withdrawal by Consent Order
04
Questions and positions
Legal issues
- 01
Whether the appeal should be withdrawn by consent of the parties.
- 02
Whether costs should be awarded or each party should bear its own costs.
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
Legal principles
- 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.
- 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
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 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
$\mathbf{r} = \mathbf{r} \times \mathbf{r}_{\text{max}}$
$\n *W*\n$ $\n \frac{1}{6} \frac{1}{10} \frac{1}{2016}\n$
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