[2008] UGCommC 47

[2008] UGCommC 47

The court held that for judgment on admission to be entered, the admission must be clear and unequivocal and made in the pleadings or otherwise in the suit before the court. The alleged admission relied upon by the Applicant was made in another suit (HCCS No. 856 of 2005) where the Applicant was not a party, and not in the present proceedings. Furthermore, the Respondent's written statement of defence in the present suit denies liability and asserts that payment is subject to terms and conditions which have not been satisfied. The court found that neither the pleadings nor any documents filed in the present suit show an unequivocal admission of the Applicant's claim by the Respondent. The...

Citation
[2008] UGCommC 47
Parties
Applicant: Central Electrical International Ltd; Respondent: Eastern Builders & Engineers Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 August 2008
Case Number
HCT-00-CC-MA 176 of 2008
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Legal Topics
Judgment on Admission, Contractual Indebtedness, Pleadings and Admissions
Source Language
English
Civil Procedure Commercial and Corporate Judgment on Admission Contractual Indebtedness Pleadings and Admissions

Case Brief

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Parties

Central Electrical International Ltd

Applicant

Eastern Builders & Engineers Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the Respondent made a clear and unequivocal admission of indebtedness to the Applicant in the pleadings or otherwise in the suit before court.
  2. 2 Whether judgment on admission can be entered based on admissions made in another suit where the Applicant was not a party.
  3. 3 Whether the Applicant is entitled to judgment for the claimed sum without determination of other issues between the parties.

Ratio Decidendi

The court held that for judgment on admission to be entered, the admission must be clear and unequivocal and made in the pleadings or otherwise in the suit before the court. The alleged admission relied upon by the Applicant was made in another suit (HCCS No. 856 of 2005) where the Applicant was not a party, and not in the present proceedings. Furthermore, the Respondent's written statement of defence in the present suit denies liability and asserts that payment is subject to terms and conditions which have not been satisfied. The court found that neither the pleadings nor any documents filed in the present suit show an unequivocal admission of the Applicant's claim by the Respondent. The...

Court Disposition

application dismissed

Orders

  • The application for judgment on admission is dismissed with costs to the Respondent.