Court of Appeal Secures Another Success in Appellate Mediation, Resolves Two Decade-Long Family Estate Dispute
Hon.Lady Justice Luswata
In yet another win in Appellate mediation, the Court of Appeal on Monday March 22, 2024 successfully mediated a Shs250 million case concerning a family estate dispute that had been in court for more than 23 years.
The matter presided over by Hon. Lady Justice Eva Luswata, Civil Appeal No. 447 of 2022 was successfully settled through a consent withdrawal of the Appeal, which in part reads:
" ...The parties agreed to settle the entire dispute in the terms set out in this consent agreement. The Appellant has since paid to the Respondent the agreed sum of UGX 250,000,000/= (Two Hundred Fifty Million Shillings) in full and final settlement of the Respondent's interest in the suit property and in accordance with the terms of this consent agreement and therefore the Respondent hereby confirms that he has no claim whatsoever against the Appellant in respect of the suit property."
Hon.Lady Justice Luswata recalled that the case had come before her several months ago via an interlocutory application seeking a stay of execution.
Recognizing the potential for resolution through Mediation, she engaged in a conversation with the parties, believing Mediation could resolve the matter.
Despite the existence of a judgment favoring the Respondent as the legal owner, Hon. Lady Justice Luswata remained optimistic about a mediated resolution and encouraged the parties and their lawyers to consider it.
Through Mediation, the parties could explore beyond legal rights what their underlying interests were.
She emphasized the importance of Mediation in resolving disputes and renewing relationships, highlighting its role in fighting backlog and fostering positive outcomes for all parties involved.
Reflecting on the case, Hon. Justice Geoffrey Kiryabwire, the Focal Justice for Appellate Mediation at the Court of Appeal, said the dispute had stayed in the Courts of Law for over23 years. He noted that beyond bringing healing to the family, the case enabled the appellant in paying a mutually acceptable value for the suit property.
Hon. Justice Kiryabwire further pointed out the increasing popularity of Appellate Mediation at the Court of Appeal, underscoring its numerous advantages for both the court system and the parties involved.
HW Dr. Alex Mushabe Karocho, Deputy Registrar in charge of Appellate Mediation, noted that since the start of 2024, the court has mediated 19 appeals, eleven of them being successful.
Counsel for the Appellant, in the case, noted the growing acceptance of Mediation at the Court of Appeal, emphasizing its cost-saving benefits for parties.
He thanked the parties for accepting and embracing Appellate Mediation initiative, emphasizing its mutual benefits.
Posted 22nd, March 2024
