Matovu Mutalyankya and Another v Babirye Rosemary (Civil Appeal No: 200 of 2013; Civil Appeal No: 212 and 200 of 2013) [2018] UGCA 252 (16 July 2018)

## THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

## **CIVIL APPEAL NO: 212 OF 2013 AND** CIVIL APPEAL NO: 200 OF 2013

## 1. JAMES MATOVU MUTYALYANKYA

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2. NALUBEGA JANE....................................

#### **VERSUS**

# <table> DAMALIE BABIRYE ROSEMARY RESPONDENT

#### **CONSENT JUDGMENT**

This matter is coming up for final determination this. Ib. day of $\mathcal{M}$ .2018 before HIS LORDSHIP GEOFFREY KIRYABWIRE, in the presence of Mr. John Fisher Kanyemimbwa, Counsel for the 1st Appellant, Ms. Judith P. Nsenge, Counsel for 2<sup>nd</sup> Appellant and Mr. Wycliffe Birungi, Counsel for the Respondent.

**IT IS HEREBY AGREED** that judgment be entered as follows;

- 1. That the 1<sup>st</sup> and 2<sup>nd</sup> Appellants hereby withdraw their Appeal from the decision of High Court at Kampala of Hon. Mr. Justice OpioAweri delivered on the 26<sup>th</sup> day of July 2012 in HCCS No: 325 of 2006 Damalie Babirye Rosemary Vs. James Matovu Mutyalyankya and Nalubega Jane. - 2. That the parties further agree to amicably settle the dispute in respect of the property comprised in Mailo Register Mengo, Kyadondo Block 214 Plot 213 land at Kisasi, measuring approximately 2 acres. - 3. That the parties do hereby agree to compromise the judgment in HCCS No: 325 of 2006, which declared the property in issue to be owned by the Respondent. - 4. That the parties now hereby agree to share the property between themselves and have their dispute regarding the property finally and amicably settled.


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- 5. That the property which is the subject of ciispute be sold to Milton Agaba anc{ the parties share the proceecls. - 6. That the parties shall each sell its legal and equitable interest in the property to Milton Agaba anc-l each party shall receive their respective proceeds at the time of sale. - 7. That each of the parties do hereby confirm that they have wholly sold and transferred their legal, equitable interests in the property to Mr. Milton Agaba and that each of the parties has duly executed a sale agreement with Mr. Milton Agaba and they have no claim whatsoever for any interests in the property ancl in respect of the agreed consideration from Mr. Milton Agaba. - 8. That the parties further confirm that all rights, interests and benefit in respect of the property comprisecl in Mailo Register Block 214 Plot 213, measuring two Acres, land at Kisaasi is hereby vested in anci transferred to Mr. Milton Agaba. - 9. That this consent duly settles the Appeal and the entire dispute between the Appellants and Respondent in respect of the property comprised in the property known as Mailo Register Mengo, Kyadondo Block 214 plot <sup>213</sup> Area 2.00acres land at Kisasi. - 10. That each party bears its own costs.

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Rosemary $a$ nu $ra$ **Respordent** МАСПЕЕЕ $0.8$ **.....................................** BIBUNGL M/S Birungi & Co Advocates d **Counsel for the Respondent**

Given under my Hand and the Seal of this Honourable Court this $\vert \vert$ $...$ day. $\triangle$ $...2018.$

JUDGE/REGISTRAR **COURT OF APPEAL**

JOINTLY DRAWN BY:-M/S KATEERA & KAGUMIRE ADVOCATES, 10<sup>TH</sup> FLOOR, CRESTED TOWERS, HANNINGTON ROAD, P. O. BOX 7026, KAMPALA.

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$\boldsymbol{AND}$ M/S BIRUNGI& CO. ADVOCATES, SUITE 6, 2<sup>ND</sup> FLOOR BHATIA BUILDING, PLOT 8 WILSON ROAD, P. O. BOX 9564, **KAMPALA**

$AND$

M/S NSENGE & CO. ADVOCATES P. O. BOX 2317, **KAMPALA** TEL. +256(0) 773 230441.