Uganda Case Law

Were v Mutibwa Mugaiula and Another

Were v Mutibwa Mugaiula and Another (Civil Appeal No. 22 of 2013) [2020] UGCA 2175 (6 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 22 of 2013

Judge

Kakuru, JA, Kiryabwire JA, Barishaki-Cheborion, JA

The Court held that Rule 94(3) of the Court of Appeal Rules, which allows for withdrawal of an appeal by consent of all parties, applies only when the appeal is pending hearing. Once an appeal has been called for hearing and is only pending judgment, it cannot be withdrawn under Rule 94(3) without leave of Court. The Supreme Court decision in Geoffrey Gatete And Angella Maria Nakigonya Vs William Kyobe was followed, confirming that withdrawal at this stage requires leave. Given the unique circumstances, including the COVID-19 lockdown, the Court exercised its discretion under Rule 2(2) to gra…

Source excerpt

• Withdrawal Of Appeal
• Consent Orders
• Appellate Practice
• Court Rules Interpretation

Burundi Tobacco Co.S.A.R.L & anoer v British American Tobacco (u)Ltd

Burundi Tobacco Co.S.A.R.L & anoer v British American Tobacco (u)Ltd (Civil Appeal Ref.No. 22 of 2010) [2010] UGCA 18 (25 May 2010)

Court

Court of Appeal of Uganda

Case number

Civil Appeal Ref.No. 22 of 2010

The Court of Appeal held that the Registrar could hear an interim stay application, rejected objections to jurisdiction, and dismissed the reference with costs.

• Interim Injunctions
• Stay Of Execution
• Registrar Powers
• Trademark Disputes
• Appellate Practice
• Jurisdiction