Dr. Kugonza Martin v Hom Chemonges William (Miscellaneous Application No. 0253 of 2025) [2025] UGHCLD 61 (18 April 2025)

## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) MISCELLENEAOUS APPLICATION NO. 0253 OF 2025 (ARISING FROM CIVIL SUIT NO. 0339 OF 2024) DR. KUGONZA MARTIN ::::::::::::::::::::::::::::::::::::: APPLICANT.**

#### **VERSUS**

### **HOM CHEMONGES WILLIAM ::::::::::::::::::::::::::: RESPONDENT T/A WILJON ESTATES LIMITED**

## **BEFORE; HON. LADY JUSTICE NALUZZE AISHA BATALA RULING**

#### *Introduction;*

- 1. This was an application by way of Notice of motion under Order 13 rule 6 and order 52 rules 1,2 and 3 of The Civil Procedure Rules SI 71-1, for orders that: -, - i) Judgement be entered against the Defendant based on the Defendant's admission in the written statement of defence made to the plaintiff's claim in Civil Suit No. 0339 of 2024. - ii) Costs of the Application be provided for.

### *Background;*

2. The Applicant filed Civil Suit No. 0339 of 2024 against the Respondent seeking orders and declarations inter alia, a

declaration that the plaintiff is the lawful owner and or bonafide purchaser for value of land measuring approximately 11.5 decimals off land comprised in Block 185 Plot 307 land at Buwate, an order directing the defendant to hand over the certificate of title of the suit land to the plaintiff, a permanent injunction and in alternative an order directing the Respondent/ defendant to pay Ug shs 150,000,000 as full and final settlement of the plaintiff's claim in the suit land and other prayers.

3. The Respondent filed a written statement of defence on 06th May 2024 wherein the Applicant alleges that the Respondent made admissions under paragraph 4 & 5 therein on which basis the Applicant applies to Court to enter a judgement on admission.

#### *Applicant's evidence;*

- 4. The application is supported by an affidavit in support deponed by **DR. KUGONZA MARTIN**, the Applicant which briefly states as follows; - i) That I instituted Civil Suit No. 0339 of 2024 on the 12th April 2024 against the defendant seeking inter alia for an order directing the defendant to handover the certificate of title for the plaintiff's portion on the suit land measuring

approximately 11.5 decimals to the plaintiff or in the alternative an order directing the defendant to pay Ugx 150,000,000/= as full and final settlement of the plaintiff's claim on the suit land, among others.

- ii) That the Respondent filed a written statement of defence on 6th May 2024 and under paragraph 4 of the same he admitted that he entered into a contract with the applicant over the purchase of the suit land measuring approximately 11.5 decimals off land comprised on Block 185 formerly Plot 307 land at Buwatte under a bonafide error. - iii)Under paragraph 5 of the Respondent/ defendant's written statement of defence admitted to having had and received my money worthy Ug shs 55,000,000/= being the purchase price of the suit land and to refund the same which he has not done to date. - iv) That I have been advised by my lawyers of MBS Advocates whose advice I verily believe to be true that by law if a party admits any claim or part of the claim, this Honourable Court has powers to enter judgement on admission for only that part of the claim admitted by the Respondent/Defendant.

v) The purchase price of the suit land was Ug shs 55,000,000/= which the Respondent/Defendant does not dispute thus the judgement be entered on admission to that effect and this Court can upon judgement on admission proceed to hear other disputed/contested claims in the plaint.

#### *Representation;*

- 5. The applicant was represented by M/S MBS Advocates whereas the respondent was represented by M/S Rwakafuuzi & Co. Advocates. - 6. The parties appeared in Court on the 5th day of March 2025 and Court gave directions to which the Respondent did not comply thus opting not to participate in these proceedings. It is trite law under Order 17 rule 4 of the Civil Procedure Rules that where any party to whom timelines are given fails to perform the required act or duty within the time allowed, the Court may proceed to decide the suit immediately. **(See, Kampala Financial Services Ltd v Muwanga Grace & anor HCCS No. 228 of 2013)**

*Issues for determination;*

**i) Whether there are sufficient grounds to entitle the Applicant to a judgement on admission?**

#### *Resolution and determination of the issues;*

# **Whether there are sufficient grounds to entitle the Applicant to a judgement on admission?**

- 7. Counsel for the Applicant in his submissions relied on the provisions of Order 13 rule 6 of the Civil Procedure Rules and the authority of **The Board of Governors Nebbi Town v Jaker Food Stores limited MA No. 062 of 2016** cited with approval the case of **Mugerwa Francis v Matovu Ibrahim HCCS No. 686 of 2019** where Hon. Justice Stephen Mubiru held that the intent of the provision of Order 13 rule 6 of the Civil Procedure rules is to enable a party obtain a speedy judgement to the extent of relief which according to the admission of the other party, he is entitled to, it is intended to prevent frivolous defences from standing in the plaintiff's way of obtaining expeditious judgement to the extent of the admission made by the defendant. - 8. That the Applicant avers under paragraph 2 of the affidavit in support of the Application that he filed CS No. 339 of 2024

against the Respondent/defendant seeking orders inter alia for an order directing the defendant to handover the certificate of title for the plaintiff's portion on the suit land measuring approximately 11.5 decimals to the plaintiff or in alternative an order directing the defendant to pay Ug shs 150,000,000 as full and final settlement of the plaintiff's claim on the suit land.

- 9. That the Respondent under paragraph 4 & 5 of the written statement of defence admitted he entered into a contract of sale of the suit land and further agreed to refund the purchase price to the applicant/plaintiff. That the defendant does not deny the contract of sale nor purchase of the suit land that was executed between the Applicant and the Respondent which is a clear indication that the Respondent admits that there is a claim by the applicant against him. - 10. That the Applicant pleaded under paragraph 4 (a) & (b) that he purchased the suit land at a consideration of Ug shs 55,000,000 which the Respondent acknowledged receipt of and this averment is not denied or rebutted by the Respondent in his written statement of defence which is a clear indication that the Respondent/defendant admits to which judgement on admission should be entered.

- 11. A cursory perusal of the pleadings, the plaint reveals that the Applicant instituted the proceedings vide HCCS No. 0339 of 2024 seeking; - i) A declaration that the plaintiff is the lawful owner and or bonafide purchaser for value of land measuring approximately 11.5 decimals off the land comprised in Block 185 plot 307 land at Buwate - ii) An order directing the defendant to handover the certificate of the title of the suit land to the plaintiff. - iii)A permanent injunction restraining the defendant and or his servants, agents, successors in title or anyone from selling, transferring or evicting the Applicant from the suit land. - iv)And in the alternative, an order directing the Respondent/ Defendant to pay Ug shs 150,000,000 (Uganda Shillings One Hundred Fifty million) as full and final settlement of the plaintiff's claim in the suit land and other prayers. - 12. The Respondent/defendant filed a written statement of defence to the plaintiff's/ Applicant's claim wherein the Applicant states that the Respondent made admissions therein under paragraphs 4 and 5.

- 13. Order 13 rule 6 of the Civil Procedure Rules provides that; "Any party may, at any stage of a suit, where admissions of fact have been made either in the pleadings or otherwise, apply to the Court for such judgement or order as upon those admissions he or she may be entitled to, without waiting for the determination of any other question between the parties." - 14. The essence of this rule is to enable the Court to enter judgement without trial where there is a clear, un ambiguous and deliberate admissions of the facts that form the basis of the claim. - 15. It is also settled law that a judgement on admission is not a matter of right but rather one of discretion of Court. The admission must be unambiguous, clear, unequivocal and positive. Where an alleged admission is not clear and specific, it may not be appropriate to take recourse under the legal provision. **(See; Future Stars Investments (U) Ltd v Nasuru Yusuf HCCS No. 0012 of 2017 cited in John W. Katende & Anor v Uganda Communications Commission HCMA No. 99 of 2022)** - 16. Paragraph 4 and 5 of the written statement of defence state;

*4. In the alternative but without prejudice the plaintiff is aware that the land he purports to have bought was already bought and the contract alleged was bonafide error.*

*5. The defendant avers that because of the aforesaid error it was agreed to refund to the plaintiff the purchase price but the plaintiff claims of more money than is due.*

- 17. Such statements do not, in my view, constitute a clear and unambiguous admission of liability. The defendant/Respondent raises issues central to the dispute, that the plaintiff/Applicant claims more money than is due. - 18. Furthermore, the Respondent alleged in his written statement of defence that the land the Applicant purports to have bought was already brought and the contract alleged was bonafide error, all this requires evidence and adjudication at a full trial. - 19. Further, the Applicant in his plaint claims Ug shs 150,000,000 (Uganda shillings One Hundred Fifty Million) as full and final settlement of his claim in the suit land but prays for a judgement on admission for Ug shs 55,000,000 as consideration for the purchase of the suit property. The

Applicant provides this Court no justification of the Ug shs 150,000,000 million as claimed in the plaint.

- 20. In the premises, I find that the admission relied upon by the Applicant falls short of the standard required under Order 13 rule 6 of the Civil Procedure Rules and it does not entitle the plaintiff to a judgement at this stage and the matter must proceed for full hearing. - 21. Accordingly, the application for judgement on admission is dismissed with no order as to costs.

### **I SO ORDER.**

#### **NALUZZE AISHA BATALA**

#### **Ag. JUDGE**

#### **18 th /04/2025**

#### **Delivered Electronically via ECCMIS on the 18 th day of April 2025.**