Wakilii

Excellent Assorted Manufacturers Ltd v Uganda National Roads Authority (HIGH COURT CIVIL SUIT NO. 165 OF 2015)

High Court · [2016] UGHCCD 78 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judgment on admission made orally under Order 13 rule 6 Civil Procedure Rules
Decision
Judgment on admission entered in favour of plaintiff; liability established but quantum to await valuation process ordered by court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted judgment on admission against UNRA for compulsory acquisition compensation, holding that UNRA's letter of 14 July 2014 and paragraph 10 of its Written Statement of Defence constituted a clear and unambiguous admission of liability to compensate the plaintiff for land and developments existing before the gazette date of 8 February 2013. The court held that judgment on admission could be entered without awaiting determination of other questions between the parties, but declined to award the specific quantum proposed by the Chief Government Valuer's report pending the ordered valuation process.

Outcome

Judgment on admission entered in favour of plaintiff; liability established but quantum to await valuation process ordered by court

Facts

Excellent Assorted Manufacturers Ltd, a soap and detergent manufacturing company, claimed that in 2012 it embarked on an expansion plan to develop a large-scale manufacturing facility. The company procured land in Busega, obtained a loan from the European Investment Bank, obtained architectural plans, and paid for motor vehicles. While procuring permits and equipment, the government gazette came out and UNRA compulsorily acquired the property pursuant to SI 7 of 2013 Land Acquisition for the Kampala Expressway Instrument dated 8 February 2013. On 17 June 2015, the plaintiff filed suit seeking compensation for compulsory acquisition, loss of business, general damages, interest, and costs. During case management, parties conducted evaluations and obtained a report from the Chief Government Valuer. UNRA had earlier written a letter dated 14 July 2014 undertaking to compensate the plaintiff for all property acquired including land and developments that existed before the land was gazetted. The plaintiff applied orally for judgment on admission based on UNRA's pleadings and the 14 July 2014 letter.

Issues

  1. Whether the defendant's pleadings and letter dated 14 July 2014 constituted a clear and unambiguous admission sufficient for entry of judgment on admission under Order 13 rule 6 of the Civil Procedure Rules.
  2. Whether the court should enter judgment on admission for the specific quantum recommended by the Chief Government Valuer's report.
  3. Whether the defendant's plea of illegality and absence of developments before gazette date defeated the application for judgment on admission.

Orders

  • Judgment on admission entered in favour of the plaintiff.
  • The defendant is liable to compensate the plaintiff for land compulsorily taken over as admitted and the developments which were there before 8 February 2013.
  • The defendant shall pay the plaintiff the costs of this application.

Rules and key headnotes

Civil Procedure — Judgment on Admission — Requirements for Clear and Unambiguous Admission
For judgment on admission to be entered under Order 13 rule 6 of the Civil Procedure Rules, the admission must be clear and unambiguous and must state precisely what is being admitted. The admission may be express or may arise by implication from non-traverse of a material fact in the statement of claim, but must be explicit and not open to doubt.
Civil Procedure — Judgment on Admission — When Admissions in Pleadings and Correspondence Constitute Sufficient Basis
Where a defendant in its Written Statement of Defence expressly states that it stands by the contents of a letter admitting liability and undertaking to compensate, and that letter is in clear terms which do not require strained interpretation and unequivocally admits liability, this constitutes a sufficient admission for entry of judgment on admission without awaiting determination of other questions between the parties.
Civil Procedure — Judgment on Admission — Limitation to Liability Without Quantum Determination
A court entering judgment on admission may confine the judgment to a declaration of liability without ordering payment of specific quantum where the quantum remains disputed and a valuation process has been ordered. The court may enter judgment on admission as to liability while deferring the assessment of damages to await expert valuation.
Land & Property — Compulsory Acquisition — Compensation for Developments Existing Before Gazette
Where a government authority compulsorily acquires land by gazette and undertakes to compensate for developments existing before the gazette date, the authority is liable to compensate only for developments that were present on the land before the date of the official gazette, not for developments planned or commenced thereafter.

Legislation cited (1)

  • Civil Procedure Rules O.13 r.6

Cases cited (3)

  • Jane Ssenyonjo v Jonathan Bunjo (High Court Civil Suit No. 180 of 2012)
  • Central Electrical International Ltd Vs Eastern Builders & Engineers Ltd MA
  • John Peter Nazareth v Barclays Bank International Ltd [1976] EA 39

Full judgment

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

Excellent Assorted Manufacturers Ltd v Uganda National Roads Authority (HIGH COURT CIVIL SUIT NO. 165 OF 2015) [2016] UGHCCD 78 (26 October 2016)
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.