Court name
Supreme Court of Uganda
Judgment date
30 June 2004

Attorney General v Paul Kawanga Semwogerere and Ors (Constitutional Appeal-2003/3) [2004] UGSC 21 (30 June 2004);

Cite this case
[2004] UGSC 21

30 JUN 2004

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA

AT MENGO

CONSTITUTIONAL APPEAL NO. 3 OF 2003

(Arising from Constitutional Petition No. 5 of
2002)



ATTORNEY GENERAL
......APPELLANT

AND

1. PAUL KAWANGA
SEMWOGERERE
2. KASSIANO WADRI
EZATI
3. RICHARD SEBULIBA
MUTUMBA
4. WINNIE
BYANYIMA
5. SAM K.
NJUBA
6. OKUMU RONALD REAGAN
....................
RESPONDENTS

NOTICE OF REFUSAL TO CONSENT TO
THE WITHDRAWAL OF APPEAL UNDER RULE 89 (4) THE SUPREME COURT RULES DIRECTIONS
1996

TAKE NOTICE that all the above respondents do not consent to the withdrawal
of the appeal. Accordingly the appeal must stand dismissed
with costs.

DATED AT KAMPALA this 30th day of June, 2004

Ballkuddembe & Co.,

COUNSEL FOR THE RESPONDENTS.
LODGED in the Registry of the Supreme Court,
this 30th day of June, 2004.

Drawn & filed
by:-

M/s. Balikuddembe & Co. Advocates, Mitchell Cotts Building, P.
O. Box 5764, KAMPALA.

Registrar, SUPREME COURT OF UGANDA.

INTERNAL MEMO

To: The Honourable The Chief Justice



To: The Honourable Justices of the Supreme Court.

From: The
Registrar, Supreme Court
Date: July 8, 2004
My
Lords,

RE: CONSTITUTIONAL APPEAL NO.3
OF 2003


(Arising from Constitutional Petition No.5 of
2002)

ATTORNEY GENERAL :::::::::::::::::::::::::::::::::::::::::::::
APPELLANT

AND

1. PAUL KAWANGA SEMWOGERERE }

2. KASSIANO WADRI EZATI }

3. RICHARD SEBULIBA MUTUMBA }

4. WINNIE BYANYIMA }

5. SAM K. NJUBA }

6. OKUMU RONALD REAGAN }::::::::::::::RESPONDENTS


Herewith enclosed is a photostat copy of the Notice of Withdrawal of the
above appeal under Rule 89(1) of the Supreme Court Rules.

I have enclosed a Notice of Refusal to consent to the withdrawal, filed by
M/s Balikuddembe & Co. Advocates.

Rule 89(4) provides:-

"(4) If all the parties to the appeal do not consent to the withdrawal of
the appeal, the appeal shall stand dismissed with costs,
except as against any
party who has consented, unless the Court on the application of the appellant,
otherwise orders. "

I request to be advised whether your lordships will formally endorse on the
court files the dismissal of the appeal with costs, or
the Notice of Refusal to
consent is enough as it is on record.

Yours faithfully,

W.M.MUSENE
RGISTRAR, SUPREME COURT.
Encl.

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA

AT MENGO

CONSTITUTIONAL APPEAL NO.3 OF 2003

21 JUN 2004

(ARISING FROM CONSTITUTIONAL PETITION NO.5 OF 2002)
ATTORNEY
GENERAL .......................... ........................ APPELLANT

AND

1. PAUL KAWANGA
SEMWOGEREREl
2. KASSIANO WADRI
EZATI
3. RICHARD SEBULIBA
MUTUMBA
4. WINNIE
BYANYIMA
5. SAM K. NJUBA
6. OKUMU RONALD REAGAN
................ ............ .......
RESPONDENTS

NOTICE OF WITHDRAWAL OF APPEAL (Under R.89 (1)), The
Supreme Court Rules Directions, 1996

TAKE, NOTICE that the Appellant has withdrawn this Appeal, this day
of June 2004.
LODGED in the Registry of the Supreme Court, this 21st
day of June 2004.

COUNSEL FOR THE APPELLANT

Attorney General's Chambers Plot 1 Parliament Avenue P.O. Box 7183
KAMPALA