Wakilii

Mangeni v Okot (Miscellaneous Application No. 828 of 2018)

High Court · [2019] UGCOMMC 228 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for judgment on admission arising from pending civil suit for debt recovery
Decision
Judgment on admission entered for UGX 32 million with interest; main suit to proceed on balance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted judgment on admission for UGX 32 million where the defendant, in his written statement of defence, unambiguously admitted indebtedness to that amount. Interest at 25% per annum was awarded from the date of admission. The main suit was ordered to proceed for hearing on the residual amount claimed.

Outcome

Judgment on admission entered for UGX 32 million with interest; main suit to proceed on balance

Facts

The plaintiff filed suit against the defendant for recovery of UGX 47,828,000. In his written statement of defence filed on 11 July 2016, the defendant admitted indebtedness of UGX 32 million in paragraph 10. The plaintiff then applied under Order 13 rule 6 of the Civil Procedure Rules for judgment on that admission. When the application came up for hearing, the defendant failed to appear despite being served through his lawyers, including on subsequent hearing dates. The applicant sought judgment on the admitted sum, interest, general damages for breach of contract, and costs.

Issues

  1. Whether the court should enter judgment on the defendant's admission of indebtedness of UGX 32 million in his written statement of defence.
  2. Whether interest should be awarded on the admitted sum from the date of admission.
  3. Whether the main suit should proceed for hearing on the balance of the claimed amount.

Orders

  • Judgment on admission of UGX 32,000,000 entered against the defendant.
  • Interest at the rate of 25% per annum awarded on UGX 32,000,000 from 24 June 2016.
  • Main suit (HCCS 458 of 2016) fixed for hearing on the residual amount of UGX 47,828,000.
  • Costs and assessment of damages to abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Judgment on Admission — Order 13 Rule 6 — Unambiguous Admission in Pleadings
Where a defendant makes an unambiguous and unequivocal admission of indebtedness in his written statement of defence, the court has power under Order 13 rule 6 of the Civil Procedure Rules to enter judgment on that admission without waiting for determination of other questions between the parties.
Civil Procedure — Judgment on Admission — Effect of Non-Appearance After Admission
A defendant's failure to appear at the hearing of an application for judgment on admission, despite being properly served, affirms the admission made in the written statement of defence and supports the entry of judgment on that admission.
Contract Law — Breach of Contract — Interest on Admitted Debt — Date from Which Interest Runs
Where a defendant admits indebtedness arising from breach of contract, interest on the admitted sum runs from the date of admission in the pleadings.

Legislation cited (1)

  • Civil Procedure Rules O.13 r.6

Full judgment

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

Mangeni v Okot (Miscellaneous Application No. 828 of 2018) [2019] UGCommC 228 (15 February 2019)
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.