Wakilii

Rukuba Ngaiza( as administrator of the estate of the late zabuloni kikukule and Ezekiel Rukuba) v Kahangwe... (as administrator of the Estate of the late Nikodemu- Kakurora; Miscellaneous Application 112 of 2022) 2023 UGHCLD 169 (2023-05-31

High Court · [2023] UGHCLD 169 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judgment on admission arising from civil suit for land ownership and transfer
Decision
Judgment on admission granted; applicant declared entitled to 4 acres; orders made for survey, demarcation, transfer, and vacant possession; other reliefs deferred to main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that where a respondent unequivocally admits the applicant's entitlement to land in written pleadings, judgment on admission may be entered under Order 13 rule 6 of the Civil Procedure Rules. The court granted judgment on admission declaring the applicant entitled to 4 acres as administrator of the estate, directing survey, demarcation, transfer, and vacant possession, while deferring other reliefs to the main suit.

Outcome

Judgment on admission granted; applicant declared entitled to 4 acres; orders made for survey, demarcation, transfer, and vacant possession; other reliefs deferred to main suit

Facts

The applicant, as administrator of the estate of the late Zabuloni Kikukule and Ezekiel Rukuba, filed Civil Suit No. 035 of 2022 claiming 4 acres of land forming part of Burahya Block 102 Plots 8, 13 and 17 at Maguru belonged to the estate of Zabuloni Kikukule. In their written statement of defence, the 1st respondent, who was also an administrator (of the estate of the late Nikodemu Kakurora), admitted the applicant's entitlement to the 4 acres and stated he had been attempting to transfer the land to the applicant pursuant to an agreement. The 1st respondent cited obstacles including numerous caveats lodged by the applicant and other beneficiaries, and the unavailability of the certificate of title. The applicant brought a miscellaneous application for judgment on admission based on the 1st respondent's unequivocal admission in the pleadings.

Issues

  1. Whether there are grounds warranting the issue of a judgment on admission in favour of the applicant.

Orders

  • It is declared that the 4 acres of land comprised in Burahya Block 102 Plots 8, 13 and 17 at Maguru belongs to the estate of the late Zabuloni Kikukule.
  • The Commissioner Land Registration is directed to issue a special certificate of title in respect of the land comprised in Burahya Block 102 Plots 8, 13 and 17 at Maguru upon fulfilment of the conditions for issuance of such title by the applicant.
  • The 1st respondent is directed to allow the applicant's surveyors to enter upon the land comprised in Burahya Block 102 Plots 8, 13 and 17 at Maguru to survey and demarcate the applicant's entitlement of 4 acres as administrator of the late Zabuloni Kikukule.
  • The 1st respondent is directed to take all necessary steps on his part to transfer the 4 acres from Burahya Block 102 Plots 8, 13 and 17 at Maguru to the applicant as administrator of the late Zabuloni Kikukule.
  • The respondents are directed to give vacant possession of the 4 acres to the applicant and beneficiaries of the estate of the late Zabuloni Kikukule after the survey.
  • All other remedies prayed for by the applicant in this application shall be determined in Civil Suit No. 035 of 2022.
  • Costs of this application shall abide by the outcome of Civil Suit No. 035 of 2022.

Rules and key headnotes

Civil Procedure — Judgment on Admission — Requirements for Granting
Under Order 13 rule 6 of the Civil Procedure Rules, where an admission of facts has been made in the pleadings or otherwise, a party may apply for judgment on admission at any stage of the suit without waiting for determination of other questions; the court may grant such judgment in its discretion where the admissions are plain, obvious, unambiguous, clear, unequivocal and positive, amounting to an admission of liability entitling the applicant to judgment.
Civil Procedure — Judgment on Admission — Exercise of Judicial Discretion
Judgment on admission is not a matter of right but an exercise of the court's discretion; the judge's discretion should be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability; the existence of obstacles to performance by the respondent does not negate an unequivocal admission of entitlement.
Land & Property — Transfer of Land — Administrator's Entitlement — Effect of Caveats and Missing Title
Where a respondent administrator admits in pleadings that an applicant administrator is entitled to a specified acreage forming part of estate land, but states that caveats lodged by beneficiaries and unavailability of the certificate of title have prevented the transfer, the court may declare the applicant entitled and direct survey, demarcation, and transfer notwithstanding the stated obstacles; the obstacles affect the machinery of performance, not the substantive entitlement.

Legislation cited (5)

Cases cited (4)

  • Connie Kekiyonza Watuwa & Others v Attorney General (HCMA No. 544 of 2022)
  • Kibalama v Alfasan Belgie CVBA [2004] 2 EA 146
  • Future Stars Investment (U) Ltd v Nasuru Yusuf (HCCS No. 0012 of 2017)
  • Cassam v Sachania [1982] KLR 191

Full judgment

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

Rukuba Ngaiza( as administrator of the estate of the late zabuloni kikukule and Ezekiel Rukuba) v Kahangwe... (as administrator of the Estate of the late Nikodemu- Kakurora; Miscellaneous Application 112 of 2022) 2023 UGHCLD 169 (2023-05-31
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.