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Monica Kajungu Mwesigye v Ambo Finance Services Ltd (Civil Application No. 596 of 2024)

Court of Appeal · [2025] UGCA 360 · 2025 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application by notice of motion for appointment as legal representative (administrator ad litem) of a deceased party to continue a pending appeal and suit
Decision
Application granted; applicant appointed administrator ad litem and may be added as a party to the pending appeal and suit

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Holding

The applicant, the widow of a deceased litigant, sought appointment as his legal representative to continue prosecuting a pending Court of Appeal appeal and a High Court civil suit. The Court held that the death of a party does not extinguish an action where the cause of action survives, and that under Section 218 of the Succession Act a person may be appointed administrator ad litem — a limited grant — to represent a deceased party where the person entitled to administration is unable or unwilling to act. Such a limited grant is not subject to the strict requirements applicable to a full grant, and consent is not mandatory. The unopposed application succeeded and the applicant was appointed administrator ad litem.

Facts

Mwene-Kahima Mwesigye instituted Civil Appeal No. 134 of 2015, pending before the Court of Appeal, and Civil Suit No. 215 of 2012, pending before the High Court (Commercial Division). He died on 2 March 2019 before either matter could be heard. He was survived by the applicant, his widow, among others. The applicant, who was not the administrator of the deceased's estate, applied to be appointed his legal representative so as to continue prosecuting both actions and to be added as a party to them. She supported her application with an affidavit and a death certificate endorsed by the LC1 Chairperson of Kyenyangi Cell, Kaberebere Town Council, Isingiro District. The respondent, Ambo Finance Services Ltd, filed no response and, through counsel, stated that it did not oppose the application.

Issues

  1. Whether the applicant, the widow of a deceased litigant who was not the administrator of his estate, should be appointed legal representative (administrator ad litem) to continue prosecuting the deceased's pending appeal and civil suit.
  2. Whether the death of a party extinguishes a pending action where the cause of action survives.

Orders

  • Ms. Monica Kajungu Mwesigye is appointed Administrator ad litem in respect of the estate of the late Mwene-Kahima Mwesigye for purposes of prosecuting Civil Appeal No. 134 of 2015 in the Court of Appeal and Civil Suit No. 215 of 2012 in the High Court.
  • Following such appointment, she may be added as a party to both actions.
  • The applicant shall meet the costs of this application.

Key headnotes

Civil Procedure — Substitution of Parties — Death of a party — Survival of cause of action under Order 24 CPR
The death of a plaintiff, defendant, appellant or respondent does not necessarily extinguish the action; where the cause of action survives, the legal representative of the deceased party may be substituted under Order 24 Rules 3(1) and 4(1) of the Civil Procedure Rules to continue with the action.
Succession & Estates — Administrator ad litem — Limited grant under Section 218 of the Succession Act
Where it is necessary that a representative of a deceased person be made a party to a pending suit and the person entitled to administration is unable or unwilling to act, the court may grant limited letters of administration to the nominee of a party for the purpose of representing the deceased in that suit; such a person is an administrator ad litem.
Succession & Estates — Limited grant of representation — Distinct from full grant requirements
A limited grant of representation issued to meet exigencies of pending litigation is not subject to the full and strict compliance required for a full grant of representation, is made without prejudice to any other person's right to apply for a full grant, and the aspect of consent need not be mandatory.

Legislation cited (11)

  • Constitution of Uganda art.126
  • Judicature Act s.33
  • Judicature Act s.11
  • Civil Procedure Rules O.24 r.3(1)
  • Civil Procedure Rules O.24 r.4(1)
  • Civil Procedure Rules O.24 r.5
  • Civil Procedure Rules O.24 r.10
  • Civil Procedure Rules O.24 r.12
  • Judicature (Court of Appeal Rules) Directions r.53
  • Succession Act s.214
  • Succession Act s.218

Cases cited (3)

  • Winrose Emmah Ndinda Kiamba vs Agnes Nthambi Ksyoka [2021] eKLR
  • Byomuhangi Christopher v Rugumya Johns (Civil Miscellaneous Application No. 27 of 2023)
  • Mackay vs MK Nash 97 Ten 236 S.W.A 1O9, 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.