Kare Distribution Limited v African River Fund (Civil Application 804 of 2022)
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Holding
The parties notified the court that they had settled their dispute, producing a settlement agreement dated 31 January 2023, and asked that no judgment be rendered. The court, affirming that it supports parties settling their own disputes, granted leave under the Rules of the Court for the parties to formally withdraw the appeal and all applications thereunder. Upon withdrawal, the appeal would stand dismissed by reason of withdrawal, to be effected by 5:00pm that day, after which all files would stand closed.
Facts
The matter was a civil appeal before the Court of Appeal. Before judgment was rendered, the parties notified the court that they had resolved their dispute and that there was no longer any need for the court to determine the appeal. They produced a settlement agreement dated 31 January 2023 as evidence of the settlement. On that basis the parties sought leave to formally withdraw the appeal and all applications filed under it.
Orders
- Leave granted for the parties to formally withdraw the appeal and all applications thereunder.
- Upon withdrawal, the appeal stands dismissed by reason of withdrawal.
- Withdrawal to be filed by 5:00pm on 19th July 2023.
- All files to stand closed after filing of the consent withdrawal.
Legislation cited (1)
- Judicature (Court of Appeal Rules) Directions r.2(2)