Afro Motors Limited vs Uganda Revenue Authority (Civil appeal No. 34 of 2002)
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Holding
The Court of Appeal held that where an application for judgment on admission under Order 11 rule 6 of the Civil Procedure Rules fails, the trial court should not dismiss the whole suit. The proper course is to set the suit down for hearing so the plaintiff may prove its case and the court may determine the matter on its merits after hearing evidence. As the trial judge had instead dismissed the entire claim and allowed the counter-claim, the appeal was allowed with costs and a retrial before another High Court judge was ordered.
Facts
The appellant company sued the respondent for the CIF value of Shs. 147,457,500 for motor spare parts which the respondent had collected from the appellant's warehouse, together with interest, damages and costs. The respondent denied the claim and counter-claimed for Shs. 52,948,439. In the trial court, the appellant applied under Order 11 rule 6 of the Civil Procedure Rules for judgment on admission based on a letter dated 24 May 2001. The respondent opposed, arguing the letter was not an admission and that the suit was time-barred. The trial judge held the letter did not amount to an admission and that the suit was not time-barred, but then dismissed the entire claim and allowed the counter-claim with costs without hearing the main suit on its merits.
Issues
- Whether the trial court was correct to dismiss the entire suit after refusing the appellant's application for judgment on admission instead of setting the suit down for hearing on its merits.
Orders
- Appeal allowed with costs.
- Retrial ordered before another judge of the High Court.
Key headnotes
Legislation cited (1)
- Civil Procedure Rules Order 11 rule 6