Wakilii

Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000)

Court of Appeal · [2001] UGCA 53 · 2001 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application/withdrawal of an appeal arising out of High Court Civil Suit No. 450 of 1997
Decision
Appeal dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this 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.

Outcome

Appeal dismissed with costs to the respondent

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

  1. Whether the appeal could be withdrawn where the respondent withheld consent to the withdrawal.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.

Rules and key headnotes

Civil Procedure — Withdrawal of Appeal — Effect of Respondent Withholding Consent
Where an appellant seeks to withdraw an appeal and the respondent withholds consent to the withdrawal, the appeal is dismissed with costs to the respondent under Rule 93 of the Rules of the Court of Appeal.

Full judgment

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

Nakiranda v British American Tobacco (1984) (U) Ltd (CIVIL APPLICATION NO. 40 OF 2000) [2001] UGCA 53 (12 September 2001)
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.