Savio Ojok Awany v Oyet Michael (Civil Appeal No. 078 of 2013)

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.

Holding

The parties entered into a consent settlement to withdraw the appeal arising from a dispute over a mortgage on land. The respondent had earlier helped the appellant redeem the suit land from NPART. Under the settlement the appeal was withdrawn, each party to bear its own costs, the respondent agreed to return the certificate of title and surrender the suit land with developments, and the appellant agreed to pay UGX 60,000,000 as consolidated compensation covering interests, damages, costs and a refund of UGX 25,236,230 paid by the respondent. The court endorsed the consent as the full and final settlement.

Outcome

Appeal withdrawn by consent; matter resolved by full and final settlement

Facts

The dispute arose from a mortgage over land comprised in LRV 1330 Folio 16, Nwoya Block 1 Plot Number 18. In 2001 the respondent helped the appellant redeem the suit land from the Non-Performing Assets Recovery Trust (NPART), paying UGX 6,830,000 to NPART and UGX 18,406,230 to the appellant, in consideration for a transfer of the land to the respondent. Litigation followed, originating in Gulu Civil Suit No. 49 of 2008, and the appeal arose therefrom. The parties subsequently agreed to bring the protracted litigation to an end through an amicable settlement, under which the certificate of title and the land would return to the appellant and the appellant would pay consolidated compensation, including a refund of sums the respondent had paid.

Orders

• The appeal is accordingly withdrawn with consent.
• Each party shall bear its own costs.
• Respondent to return the certificate of title and surrender the suit land with all developments to the appellant.
• Appellant to pay UGX 60,000,000 as consolidated compensation, including a refund of UGX 25,236,230.
• Respondent to execute a transfer of the certificate of title into the appellant's names; appellant to pay UGX 30,000,000 part payment, balance on completion of transfer.
• Respondent to hand over vacant possession of the suit land to the appellant.

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