Wakilii

Suzana Haarbosch v Kalili Dagher (High Court Civil Suit No. 310 of 2015)

High Court · [2015] UGCOMMC 146 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for judgment on admission following filing of written statement of defence
Decision
Application dismissed; matter to proceed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court declined to enter judgment on admission under Order 13 Rule 6 of the Civil Procedure Rules. Although a paragraph in the defendant's written statement of defence appeared to admit liability when read in isolation, the court found that other contentions in the defence rendered the admission ambivalent. The matter was directed to proceed to trial.

Outcome

Application dismissed; matter to proceed to trial

Facts

On 17 December 2014, the plaintiff sold her shares in Kamtech Logistics (U) Ltd to the defendant for USD 42,500. USD 10,000 was set off against an existing obligation. The defendant paid the first instalment of USD 8,125, leaving a balance of USD 24,375 to be paid in three instalments on specified dates in 2015. The defendant failed to pay the instalments by the agreed deadlines. The plaintiff filed suit on 13 May 2015 claiming USD 27,416 plus interest and damages. In his written statement of defence filed 1 June 2015, the defendant admitted liability for USD 32,500 but attributed non-payment to business difficulties arising from the Ebola epidemic in Sierra Leone and proposed either to pay or return the unpaid shares. Mediation failed. The plaintiff applied for judgment on admission based on the defendant's acknowledgment of liability in his defence.

Issues

  1. Whether the defendant's written statement of defence contains a clear and unequivocal admission entitling the plaintiff to judgment under Order 13 Rule 6 of the Civil Procedure Rules.
  2. Whether the court should exercise its discretion to grant judgment on admission at the interlocutory stage.

Orders

  • Application for judgment on admission refused.
  • Matter directed to proceed to trial.
  • Parties directed to file a joint scheduling memorandum in accordance with the rules of the Commercial Court.

Rules and key headnotes

Civil Procedure — Judgment on Admission — Order 13 Rule 6 — Requirements for Clear and Unequivocal Admission
A court may grant judgment on admission under Order 13 Rule 6 of the Civil Procedure Rules where an admission of facts is clear and unequivocal, but the grant of such judgment is discretionary and not as of right, with the court having regard to all circumstances of the case.
Civil Procedure — Judgment on Admission — Ambivalent or Qualified Admissions
Where a defendant's pleading contains a paragraph that appears to admit liability when read in isolation but other contentions in the same pleading raise defences or qualifications, the admission is rendered ambivalent and judgment on admission will not be granted.
Civil Procedure — Judgment on Admission — Exercise of Judicial Discretion
The court will decline to exercise its discretion to enter judgment on admission under Order 13 Rule 6 where the so-called admission is infected by other contentions requiring further investigation into the dispute between the parties.

Legislation cited (1)

Cases cited (2)

  • Wright Kirke v North [1895] Ch 747
  • Sietco v Impreligo SARL JVC (High Court Civil Suit No. 980 of 1999)

Full judgment

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

Suzana Haarbosch v Kalili Dagher (High Court Civil Suit No. 310 of 2015) [2015] UGCommC 146 (30 October 2015)
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.