Wakilii

Attorney General v Paul Kawanga Semwogerere and Ors [2004] UGSC 21

Supreme Court · 2004 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Withdrawal of a constitutional appeal under Rule 89 of the Supreme Court Rules, met by the respondents' refusal to consent
Decision
Appeal dismissed with costs following the respondents' refusal to consent to its withdrawal

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Attorney General filed a notice of withdrawal of Constitutional Appeal No. 3 of 2003 under Rule 89(1) of the Supreme Court Rules. The respondents filed a notice of refusal to consent to the withdrawal. Under Rule 89(4), where not all parties consent to the withdrawal of an appeal, the appeal stands dismissed with costs (except against any consenting party) unless the Court otherwise orders on the appellant's application. As the respondents did not consent and no contrary order was sought, the appeal accordingly stood dismissed with costs against the appellant.

Outcome

Appeal dismissed with costs following the respondents' refusal to consent to its withdrawal

Facts

The Attorney General was the appellant in Constitutional Appeal No. 3 of 2003, arising from Constitutional Petition No. 5 of 2002, in which Paul Kawanga Semwogerere and five others were respondents. On 21 June 2004 the Attorney General lodged a notice of withdrawal of the appeal under Rule 89(1) of the Supreme Court Rules. The respondents, through their advocates M/s Balikuddembe & Co., filed a notice of refusal to consent to the withdrawal, dated 30 June 2004. The Registrar of the Supreme Court placed both notices before the Court, noting that Rule 89(4) provides that where not all parties consent to a withdrawal, the appeal stands dismissed with costs unless the Court otherwise orders on the appellant's application.

Issues

  1. Whether an appeal withdrawn by the appellant must stand dismissed with costs where the respondents refuse to consent to the withdrawal under Rule 89(4) of the Supreme Court Rules.

Orders

  • Appeal dismissed with costs to the respondents.

Rules and key headnotes

Civil Procedure — Withdrawal of Appeal — Effect of Refusal to Consent under Supreme Court Rules r.89(4)
Where an appellant gives notice of withdrawal of an appeal but not all parties consent to the withdrawal, the appeal stands dismissed with costs (except as against any consenting party), unless the Court, on the application of the appellant, otherwise orders.

Legislation cited (2)

  • Supreme Court Rules (Directions) 1996 r.89(1)
  • Supreme Court Rules (Directions) 1996 r.89(4)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Attorney General v Paul Kawanga Semwogerere and Ors [2004] UGSC 21 (30 June 2004)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.