Wakilii

Mawangala and 2 Others v Kalule (Civil Application 1008 of 2023)

Court of Appeal · [2024] UGCA 151 · 2024 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application by Notice of Motion for appointment of an administrator ad litem to represent a deceased respondent's estate in a pending Court of Appeal application
Decision
Application granted; Ms. Nakiranda Hellen appointed administrator ad litem of the deceased respondent's estate limited to defending the pending application and intended appeal

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Cited — treatment unverified cited in 1 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Court of Appeal granted an application to appoint an administrator ad litem under section 222 of the Succession Act to represent the estate of the deceased respondent in a pending application for a certificate of importance. The court held that the pending Civil Application No. 229 of 2017 qualified as the pending suit, that the deceased's death was sufficiently proved despite the absence of a death certificate, and that those entitled to administration were unwilling to act nearly four years after his death. Invoking section 222 and the court's inherent powers, it appointed the deceased's daughter, the registered owner of most of the disputed land, as administrator ad litem strictly limited to defending the pending application and intended appeal.

Facts

The dispute concerned land at Kyadondo Block 230 Plot 35 originally belonging to the late Daudi Banalekaki, who had permitted George William Kalule to occupy it. The Administrator General distributed the deceased's estate, allocating shares to his widow and three sons including Kalule. Kalule disputed the distribution, lost in the Chief Magistrate's Court of Mengo and on appeal to the High Court, but succeeded on appeal to the Court of Appeal, which held that the deceased had made a gift inter vivos to him and set aside the Administrator General's distribution. The applicants, who had been substituted for two deceased original respondents, sought a certificate of importance to appeal to the Supreme Court. Kalule died on 21 November 2020, and no grant of administration over his estate had been taken out. The applicants applied to appoint Kalule's daughter, Ms. Nakiranda Hellen, into whose names most of the land had been transferred and subdivided, as administrator ad litem to represent his estate in the pending proceedings.

Issues

  1. Whether the conditions for appointing an administrator ad litem under section 222 of the Succession Act were satisfied so as to appoint a representative of the deceased respondent's estate.
  2. Whether the pending Civil Application No. 229 of 2017 qualified as the pending suit envisaged by section 222 of the Succession Act.

Orders

  • Ms. Nakiranda Hellen is appointed an administrator ad litem in respect of the estate of the late George William Kalule for the purpose of responding to, or defending Civil Application No. 299 of 2017 now pending before this Court.
  • Summons/notice of hearing shall issue against Ms. Nakiranda Hellen in that respect.
  • The applicants shall meet the costs of this application.

Key headnotes

Administration of Estates — Administrator ad litem — Conditions for appointment under Succession Act s.222
Under section 222 of the Succession Act, letters of administration limited to representing a deceased in a suit may be granted to the nominee of a party where there is a pending suit, it is necessary that a representative of the deceased be made a party, and the executor or person entitled to administration is unable or unwilling to act, the grant being limited to representation in that suit until final decree and execution.
Administration of Estates — Limited grants — Purpose and relaxed requirements
A limited grant of administration ad litem is issued because of exigencies that cannot await a full grant, serves to prevent a party's action from abating, and need not be subjected to the full and strict compliance or consent requirements applicable to a full grant of representation.
Representation of Deceased Party — Inherent powers of the court to prevent abatement
Where there is no specific rule of court providing for the appointment of a representative of a deceased party, the Court of Appeal may invoke its inherent powers to appoint an administrator ad litem in the interests of justice to prevent a pending matter from abating or being dismissed for want of prosecution.
Proof of Death — Absence of death certificate
Death may be sufficiently proved by reasonable alternative evidence, such as a letter from the local council chairperson and the testimony of a close relative, where the applicant cannot obtain a death certificate because the issuing authority restricts certificates to next of kin holding the required medical certificate.

Legislation cited (6)

  • Succession Act s.222
  • Judicature Act s.12
  • Judicature (Court of Appeal Rules) Directions r.2
  • Judicature (Court of Appeal Rules) Directions r.43
  • Judicature (Court of Appeal Rules) Directions r.44
  • Judicature (Court of Appeal Rules) Directions r.2(2)

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
  • Mckag uersus MK Nasb 97 Tem 236 S.I,y.A. 7O9, 7896
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.