Stay of Execution

Betuco (U) Ltd & Anor Vs Barclays Bank of Uganda Ltd & 3 Ors (CIVIL APPEAL NO.01 OF 2017) [2018] UGSC 39 (4 October 2018);


Search Summary: 

This was an appeal against the decision of the
court of appeal upholding the consent
judgment as binding between the parties. The
background is that the parties had
compromised a claim and counterclaims in a
consent judgment that the appellants later
impugned on the allegations of fraud. The
court of appeal upheld the decision on the
consent judgment hence this appeal on the
ground of improper evaluation of evidence
occasioning a miscarriage of justice.

Headnote and Holding: 

The court held that An adjournment is not
granted as of right but is only granted for
sufficient cause with the exercise of discretion
by the Court. That as the justices had given the
new lawyers the chance to consult the old
lawyers and the fact that there had been a
notice of the hearing served, there was no
miscarriage of justice. That as the appellants
here was simply trying to raise a new ground
of appeal without seeking leave of Court. They
cannot be allowed to raise and argue a ground
on which they had not appealed. That as there
was no fraud, mistake, misapprehension or
contravention of court policy found upon

perusal of the record of appeal. The Consent
Judgment was entered into freely by both
parties and has been partially fulfilled and
couldn’t be set aside.


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