Wakilii

Bbosa v Kazinda (H.C.Miscellaneous Application No. 212 of 2020)

High Court · [2021] UGCOMMC 105 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from pending civil suit for contract payment
Decision
Application granted with costs in the main cause

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted the applicant leave to access the respondent's premises at Kitala I & II and Kisubi to conduct an independent valuation of metal works installed by the applicant. The court held that where the value of contract works is disputed, allowing an independent expert to access the premises and conduct a valuation is necessary for the ends of justice and to assist the court in reaching a fair determination on quantum.

Outcome

Application granted with costs in the main cause

Facts

The applicant filed HCCS No. 150 of 2012 against the respondent for payment of an outstanding balance on the contract price for metal works installed at the respondent's sites at Kitala I & II and at Kisubi, Wakiso District. The respondent disputed the value of the works, stating that they had been assessed by SM Cathan at UGX 319,276,850 and that the cost of completion was UGX 24,587,000, as opposed to the UGX 403,098,000 demanded by the applicant. The applicant sought to instruct his own valuation surveyor to assess the quantum of metal works installed. The respondent repeatedly denied the applicant's valuation surveyor access to the premises despite various requests. The respondent did not appear at the hearing of the application and the court proceeded ex parte.

Issues

  1. Whether leave should be granted to the applicant to access the respondent's sites at Kitala I & II and at Kisubi to enable a Valuation Surveyor to carry out a valuation of the metal works.

Orders

  • Application granted.
  • Pursuant to Section 98 of the Civil Procedure Act, the respondent is ordered to grant access to the applicant to have the valuation of the metal works carried out.
  • Costs of this application shall be in the main cause.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Access to Property for Valuation
Where the value of contract works is disputed in pending litigation, the court may exercise its inherent powers under Section 98 of the Civil Procedure Act to grant leave for an independent expert to access the premises in question and conduct a valuation to assist the court in reaching a just determination on quantum.
Civil Procedure — Inherent Powers of Court — Orders Necessary for Ends of Justice
The court can invoke its inherent powers under Section 98 of the Civil Procedure Act to make orders that are necessary for the ends of justice or to prevent abuse of the process of court.

Legislation cited (4)

Cases cited (1)

  • Ayub Suleiman v Salim Kabambalo (Supreme Court Civil Appeal No. 32 of 1995)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Bbosa v Kazinda (H.C.Miscellaneous Application No. 212 of 2020) [2021] UGCommC 105 (19 August 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.