Wakilii

Kamanzi v Mutasingwa and Another (Miscellaneous Application 744 of 2023)

High Court · [2023] UGHCLD 497 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judgment on admission arising from Civil Suit No. 653 of 2017
Decision
Application dismissed; parties to proceed with the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for judgment on admission. The preliminary objection seeking cross-examination of the respondent was overruled for lack of justification. On the substantive application, the court held that while the parties admitted certain facts regarding a land sale agreement and a partial refund, the admissions were not plain and unambiguous as required by law. Both parties claimed breach of contract with surrounding issues requiring determination at trial, making judgment on admission inappropriate at this interlocutory stage.

Outcome

Application dismissed; parties to proceed with the main suit

Facts

The parties entered into a sale agreement for 60 acres of land in Nyabushozi Block Ankole Ranching Scheme for UGX 330,000,000. After survey, only 41 acres were delivered. The applicant/defendant deposited UGX 104,500,000 into the first respondent's bank account on 13 June 2017 as a refund for the missing 19 acres. The respondents filed Civil Suit No. 653 of 2017 on 7 September 2017 claiming breach of contract, specific performance, general damages and costs. The respondents alleged the applicant breached the contract by delivering only 41 acres and unilaterally refunding for the shortfall. The applicant counterclaimed breach of contract, alleging the respondents paid late and in instalments contrary to the agreement. The applicant then brought this interlocutory application seeking judgment on admission, arguing the respondents had already received the refund they sought.

Issues

  1. Whether the respondents should be cross-examined on the contents of their affidavit in reply.
  2. Whether the applicant is entitled to judgment on admission under Order 13 rule 6 of the Civil Procedure Rules.

Orders

  • Application dismissed.
  • Costs shall be in the main cause.
  • Main suit to be mentioned on 21st August 2023 at 3:00pm.

Rules and key headnotes

Civil Procedure — Cross-Examination on Affidavits — Discretion of Court
The court has discretion under Order 19 rules 1 and 2 of the Civil Procedure Rules to allow cross-examination of a deponent on their affidavit in interlocutory proceedings. The discretion will be exercised where conflict in evidence is found, considering the importance of the issue, whether cross-examination will unduly delay the trial, and whether it will elucidate relevant issues in controversy. The applicant must demonstrate that cross-examination will assist the court and will not result in injustice or delay.
Civil Procedure — Cross-Examination on Affidavits — Burden of Proof
A party seeking to cross-examine a deponent on grounds of alleged illiteracy or falsehoods must adduce proof of such claims. Mere assertion without evidence is insufficient. In civil matters, he who alleges must prove under sections 101 and 102 of the Evidence Act.
Civil Procedure — Judgment on Admission — Requirements
Under Order 13 rule 6 of the Civil Procedure Rules, a party may apply for judgment on admission where an admission of facts has been made either on the pleadings or otherwise. For judgment to be entered on admission, such admission must be explicit, plain and unambiguous, and not open to doubt. The admission must leave no room for doubt.
Civil Procedure — Judgment on Admission — Ambiguous Admissions
Where parties have made certain admissions but there are surrounding issues relating to breach of contract and both parties claim breach with conflicting versions, the admissions are not sufficiently clear and unambiguous to warrant judgment on admission. A judgment on admission will not be granted where the pleadings remain ambiguous and full of doubt, and where granting such judgment would limit the court from dealing with the parties' substantive claims.

Legislation cited (8)

Cases cited (9)

  • Tumukunde v Attorney General (HCMA No. 489 of 2020)
  • Nevio Company Ltd v Biersdorf AG (CACA No. 772 of 2014)
  • Equator Touring Services Ltd v City Council of Kampala (Miscellaneous Application No. 406 of 2013)
  • Central Electrical International Ltd v Eastern Builders and Engineers (MA No. 176 of 2008)
  • Excel Construction Ltd v Attorney General (HCCS No. 3007)
  • Nazareth v Barclays Bank International Ltd (E.A.C.A. 39 of 1976)
  • African Insurance Co v Uganda Airlines [1985] HCB 53
  • Dhanji v Lulu & Co [1960] E.A. 541
  • Nevia Company Ltd v Biersdorf AG (CACA No. 72 of 2014)

Full judgment

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

Kamanzi_v_Mutasingwa_and_Another_(Miscellaneous_Application_744_of_2023)_[2023]_UGHCLD_497_(14_July_2023)
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.