Mbabazi and Kinkizi Bus Service v Matco Stores Ltd
Mbabazi and Kinkizi Bus Service v Matco Stores Ltd (Reference No. 60 of 2001) [2003] UGCA 31 (1 January 2003)
The Court held that once a notice of withdrawal of appeal is filed by consent and the relevant documents are lodged in the registry, Rule 93(3) of the Court of Appeal Rules operates to strike the appeal out of the list of pending appeals. There is no requirement for a judge to act further, and the appeal ceases to exist. The cited authority of Polycarp Sekiboobo v. Clare Obonyo was distinguished, as it concerned a Registrar acting ultra vires, which was not the case here. The application to validate service of the Notice of Appeal or to reinstate the appeal was incompetent because there was n…
Source excerpt
- Notice Of Appeal
- Withdrawal Of Appeal
- Application Struck Out
- Citation Of Law
- Jurisdiction
- Validation Of Service