Wakilii

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

High Court · [2019] UGCOMMC 12 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judgment in admission arising from civil suit for debt recovery
Decision
Judgment in admission entered for UGX 32 million with interest; main suit to proceed on balance claimed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted judgment in admission for UGX 32 million where the defendant unequivocally admitted indebtedness in his written statement of defence and failed to appear to contest the application. Interest was awarded at 25% per annum from the date of admission. The main suit was ordered to proceed for hearing on the residual disputed amount.

Outcome

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

Facts

The plaintiff filed suit against the defendant for recovery of UGX 47,828,000. In paragraph 10 of his written statement of defence filed on 11 July 2016, the defendant admitted indebtedness of UGX 32 million. The plaintiff applied under Order 13 rule 6 of the Civil Procedure Rules for judgment in admission of the UGX 32 million. When the application came up for hearing, the respondent failed to appear despite being served, including through substituted service. On the last hearing date of 5 February 2019, neither the respondent nor his lawyers appeared.

Issues

  1. Whether judgment in admission should be entered against the defendant for the admitted sum of UGX 32 million.

Orders

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

Rules and key headnotes

Civil Procedure — Judgment in Admission — Order 13 Rule 6 — Unequivocal Admission of Liability
Where a party makes an unambiguous and unequivocal admission of indebtedness in their pleadings, the court may enter judgment in admission under Order 13 rule 6 of the Civil Procedure Rules for the admitted amount without waiting for determination of other questions between the parties.
Civil Procedure — Judgment in Admission — Effect of Non-Appearance
A party's failure to appear at the hearing of an application for judgment in admission, despite being served, may be taken to affirm the admission made in their pleadings.
Civil Procedure — Judgment in Admission — Partial Admission — Severability
Where a defendant admits liability for part of the claim but disputes the balance, the court may enter judgment in admission for the admitted portion and fix the main suit for hearing on the disputed residual amount.

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 Okoto (Miscellaneous Application No. 828 of 2018) [2019] UGCommC 12 (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.