Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000)
The full judgment
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Holding
The applicant sought to withdraw the appeal arising out of High Court Civil Suit No. 450 of 1997. The Court accepted the withdrawal but, because counsel for the respondent withheld consent, the appeal was dismissed with costs to the respondent under Rule 93 of the Rules of the Court of Appeal rather than simply struck out by consent.
Facts
The applicant, Petra Nakiranda, had an appeal pending before the Court of Appeal arising out of High Court Civil Suit No. 450 of 1997 (before Hon. J.P. Tabaro, dated 26 May 2000). The applicant sought to withdraw the appeal. Counsel for the respondent, British American Tobacco (1984) (U) Ltd, withheld consent to the withdrawal.
Issues
- Whether the appeal could be withdrawn where the respondent withheld consent to the withdrawal.
Orders
- Withdrawal of the appeal accepted.
- Appeal dismissed with costs to the respondent under Rule 93 of the Rules of the Court.