Nyende David v KPI Security Services Ltd (Court of Appeal Civil Appeal No. 35 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The parties agreed by consent to wholly withdraw the civil appeal under Rule 94(3) of the Judicature (Court of Appeal) Rules. The court endorsed the consent withdrawal and the accompanying consent agreement, which compromised the appeal and settled numerous related suits and applications arising from the parties' security guarding services dispute. The appellant agreed to pay UGX 8,000,000 in costs by three monthly instalments, with each party otherwise bearing its own costs of the appeal. No substantive legal principle was determined.

Outcome

Appeal withdrawn by consent and the dispute settled, with all related suits and applications compromised

Facts

The appellant, Nyende David, and the respondent, KPI Security Services Ltd, were engaged in a long-running dispute arising from security guarding services, which had generated numerous suits, applications, revisions and execution proceedings across the High Court, Chief Magistrates' Courts and the Court of Appeal. The parties reached a settlement and executed a consent withdrawal of Civil Appeal No. 35 of 2015 under Rule 94(3) of the Judicature (Court of Appeal) Rules, together with a consent agreement compromising the appeal and settling all the listed related proceedings. Under the agreement the appellant undertook to pay agreed costs of UGX 8,000,000 in three monthly instalments, with provision for interest at 5% per month and recovery costs on default. The court endorsed the consent withdrawal under its hand and seal.

Orders

• Civil Appeal No. 35 of 2015 wholly withdrawn against the respondent.
• Each party to bear their own costs of the appeal.
• The appellant to pay agreed costs of UGX 8,000,000 in three monthly instalments per the consent agreement.

Legislation cited (1)

• Judicature (Court of Appeal) Rules SI 13-10 Rule 94(3)

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