Southern Highlands Participatory Organisation versus Wafanyabiashara Njombe Saccoss Limited; Commercial Case No 122 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Judgment on admission – under what circumstances it may be issued?
- Judgment on admission – what is the purpose of notice to admit facts?
Held:-
(i) The purpose of notice to admit facts under Order 12 Rule 4 of the Civil Procedure Code is to avoid waiting by the plaintiff for part of the decree when there is a clear, unequivocal, unambiguous and unconditional admission of the Defendant in respect of the claim of the plaintiff. The rule only secures that if there is no dispute between the parties and if there is on the pleadings or otherwise such an admission as to make it plain that the plaintiff is entitled to a particular order or judgment, he should be able to obtain it at once to the extent of admission. But the rule is not intended to apply where there are serious questions of law to be asked and determined.
(ii) It is settled that a judgment on admission by the defendant under Order 12 Rule 4 of the Civil Procedure Code is a matter of discretion and not a matter of right and when a case involves questions which cannot be conveniently disposed of on an application, under the Rule, the Court may, in the exercise of discretion, refuse the application.