Sserunjogi v Rev. Fr. Kituuma (Civil Suit 71 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The defendant admitted to the plaintiff's claims under paragraphs 3(b) and 7(b) of the plaint concerning breach and invalidity of a sales agreement dated 19 September 2019 relating to land on Mawokota Block 162 at Mpambile. The court resolved both issues by admission and ordered each party to bear its own costs, noting that advocates were to blame for inadequate preparation despite clear pleadings.

Outcome

Judgment entered on admission resolving the two main issues; file closed

Facts

The plaintiff and defendant executed a sales agreement dated 19 September 2019 concerning land on Mawokota Block 162 at Mpambile in Mpigi District. The plaintiff sued claiming the defendant breached the sales agreement and seeking a declaration that the agreement was null and void. Alternative relief sought included compensation for the market value of kibanjas situated on the land. During the hearing, after the plaintiff had testified and sought leave to recall the witness for re-examination, the defendant admitted to the claims under paragraphs 3(b) and 7(b) of the plaint and applied for judgment on admission under Order 13 Rule 6 of the Civil Procedure Rules. The plaintiff did not object to judgment being entered on admission.

Issues

1. Whether the defendant breached the sales agreement with the plaintiff.
2. Whether the sales agreement between the plaintiff and the defendant is null and void.

Orders

• Issues I and II resolved by admission.
• Each party to bear its own costs.
• File closed.

Legislation cited (2)

• Civil Procedure Rules Order 18 Rule 13
• Civil Procedure Rules Order 13 Rule 6

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