of the subject matter of the suit, the court may, on the application of a party; order the agreement, compromise or satisfaction to be recorded, and pass a decree in accordance with the agreement, compromise or satisfaction so far as it relates to the suit “
In Wasike v Warn boko, (1976-1985) E.A 625 reference was made to the case of Chandless-Chandless v Nicholson [1941] 2 All ER 315 at 317 in which Lord Green in his judgment states that the universal practice is to record that a judgment or order is by consent ’
The purpose of this is to validate the consent order since as was held in Ismail Hirani v Kassam [1952] EA 131, “where a compromise is recorded under Order 24 rule 6 (Now 025 r 6), the decree is passed upon a new contract between the parties superseding the original cause of action.”
Accordingly I am of the view that there was no valid compromise settlement and consent order.
In regard to the withdrawal of the appeal, the only information we have is a letter from Dr. Byamugisha, counsel for the appellant to the Registrar, Court of Appeal dated 29th July 2010 stating that ‘In view of your sealing the consent order and in consideration of the consent order, the appeal is hereby withdrawn by the Appellant, British American Tobacco Uganda Ltd.
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