Wakilii

Mawangala & 2 Others v Kalule (Civil Appeal 29 of 2014)

Court of Appeal · [2024] UGCA 124 · 2024 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application by notice of motion in the Court of Appeal for appointment of an administrator ad litem of a deceased respondent's estate.
Decision
Application granted; Ms. Nakiranda Hellen appointed administrator ad litem of the late George William Kalule's estate, limited to responding to or defending Civil Application No. 229 of 2017.

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Holding

The Court of Appeal considered whether to appoint an administrator ad litem of a deceased respondent's estate under section 222 of the Succession Act, where the respondent had died with no grant of administration taken out and the applicants' pending application risked abating. The Court held that section 222 permits a limited grant to a party's nominee where a deceased's representative must be made party to a pending suit and those entitled to administer are unable or unwilling to act. Satisfied that Civil Application No. 229 of 2017 was a pending suit and that no relative had administered the estate after nearly four years, the Court appointed the deceased's daughter, the registered owner of the disputed land, as administrator ad litem, limited to defending that application.

Facts

The dispute concerns land comprised in Kyadondo Block 230 Plot 35, originally belonging to the late Daudi Banalekaki. The Administrator General, having taken out letters of administration over the deceased's estate, distributed the land among the deceased's widow and three sons, one being George William Kalule. Kalule disputed the distribution, losing in the Chief Magistrate's Court of Mengo and on appeal in the High Court, but succeeded in the Court of Appeal, which held the deceased had made a gift inter vivos to him and set aside the distribution. The land was reinstated in Kalule's name and transferred to his daughter, Nakiranda Hellen, who subdivided it into 14 plots. The original respondents to that appeal, Norah Nassozi and Thomas Kalinabiri, died and were replaced by their estate administrators, the present applicants. The applicants filed Civil Application No. 229 of 2017 seeking a certificate of importance to appeal to the Supreme Court. George William Kalule died on 21 November 2020 and no one took out letters of administration for his estate, leaving the applicants' pending application at risk of abating.

Issues

  1. Whether Civil Application No. 229 of 2017 constitutes a pending suit for the purposes of section 222 of the Succession Act.
  2. Whether it was necessary to appoint a legal representative of the deceased respondent's estate where no person entitled to administration had taken out letters of administration.
  3. Whether the Court should appoint Ms. Nakiranda Hellen as administrator ad litem of the deceased's estate, limited to defending the pending application and intended appeal.

Orders

  • The application succeeds and is granted.
  • Ms. Nakiranda Hellen is appointed an administrator ad litem of the estate of the late George William Kalule for the purpose of responding to, or defending, Civil Application No. 229 of 2017 now pending before this Court.
  • Summons/notice of hearing shall issue against Ms. Nakiranda Hellen.
  • The applicants shall meet the costs of this application.

Key headnotes

Succession & Estates — Administration — Administrator ad litem under section 222 of the Succession Act
Where it is necessary that the representative of a deceased person be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, the court may grant limited letters of administration to the nominee of a party to the suit to represent the deceased in that suit until a final decree is made and executed.
Succession & Estates — Administrator ad litem — Conditions for invoking section 222
An applicant invoking section 222 of the Succession Act must show that there is a pending suit; that it is necessary that a representative of the deceased be made a party to it; that the executor or person entitled to administration is unable or unwilling to act; that letters may be granted to the nominee of a party; and that the grant is limited to representing the deceased in the suit until the final decree is carried into execution.
Succession & Estates — Limited grant — Purpose, bond and consent
A limited grant of administration ad litem is issued to meet exigencies that cannot await a full grant and to prevent a party's action from abating; it is not subject to the full and strict compliance required for a full grant, requires no bond from the appointee, and the consent of the person appointed need not be mandatory.

Legislation cited (8)

  • Judicature Act s.12
  • Judicature (Court of Appeal Rules) Directions rule 2
  • Judicature (Court of Appeal Rules) Directions rule 2(2)
  • Judicature (Court of Appeal Rules) Directions rule 43
  • Judicature (Court of Appeal Rules) Directions rule 44
  • Succession Act s.222
  • Succession Act of Kenya s.54
  • Succession Act of Kenya s.55

Cases cited (3)

  • Byomuhangi Christopher v Rugumya Jones (Civil Miscellaneous Application No. 27 of 2023)
  • Winrose Emmah Ndinda Kiamba v Agnes Nthambi Kasyoka [2021] eKLR
  • Mckay versus MK Nash 97 Tem 236 S.I.y.A. 709, 1896
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.