Opportunity Bank (U) Ltd v Asege Winnie and Another (Civil Appeal No 195 of 2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

By consent of the appellant, respondent and third party, Civil Appeal No. 195 of 2016 was wholly withdrawn under Rule 94(3) of the Judicature (Court of Appeal) Rules. Pursuant to an annexed consent agreement, the appellant agreed to pay the respondent UGX 50,000,000 in full and final settlement of the dispute, with each party bearing its own costs of the appeal. The appeal was thereby compromised and all claims between the parties arising from it were settled.

Outcome

Appeal withdrawn and compromised by consent; appellant to pay respondent UGX 50,000,000 in full and final settlement

Facts

The appellant, Opportunity Bank (U) Ltd, had appealed in Civil Appeal No. 195 of 2016 against the respondent, Asege Winnie, with MADD Limited joined as a third party. Before determination, the parties reached an amicable settlement of the dispute. By consent recorded under Rule 94(3) of the Judicature (Court of Appeal) Rules, the appeal was wholly withdrawn against the respondent and compromised. Under an annexed consent agreement, the appellant agreed to pay the respondent UGX 50,000,000 in full and final settlement, payable into a designated bank account in the name of KTA Advocates. The parties agreed that all disputes and claims arising from the appeal were settled and that, upon signing, neither party had any further claim against the other. Each party agreed to bear its own costs.

Orders

• Court of Appeal Civil Appeal No. 195 of 2016 is wholly withdrawn against the Respondent.
• Each party shall meet their respective costs of the appeal.
• Other terms as per the annexed consent agreement marked 'A'.

Legislation cited (1)

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

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