The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
The plaintiff applied to the court to enter judgment on admission for the plaintiff because the defendant materially admitted all the facts; and that the court should only be addressed on the issue of general damages and costs.
The court concluded that since the defendant in this case agreed to and admitted all the material facts in the plaintiff’s claim, there remained no other triable issues for the court to consider.
A ‘triable issue’ was defined as an issue that only arises when a material proposition of law or fact is affirmed by the one party and denied by the other; however the parties are bound by their pleadings and cannot be allowed to depart from them.
The court held that an admission has to be clear and unambiguous and must state precisely what is being admitted. Once an admission of facts is made, court may upon application make such order or file such judgment.
It is against this backdrop that the judgment on admission was entered.
The appellant who undertook to invest and acquire shares in a telecom company brought an action
against the respondents for breach of contract, damages and interest. The appellant’s suit was dismissed
on a preliminary point of law as it disclosed no cause of action against the 2 nd and 3 rd respondents.
The respondent successfully brought a suit against the appellants for
declaration that she was the rightful owner of the suit land, vacant
possession, permanent injunction and damages. The appellants were
dissatisfied with the judgment of the trial court hence this appeal.