Wakilii

Adolf Muganga Mbaijana(Executor of the Estate of the Late Edward Mbaijana) v Emmanuel Basaliza (Miscellaneous Application 2 of 2024)

High Court · [2024] UGHC 109 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased party as executor in underlying civil suit and appeal
Decision
Applicant substituted as party in place of deceased in underlying civil suit and appeal; proceedings to continue with executor as party

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An executor granted probate steps into the shoes of the deceased and may be substituted as a party in pending proceedings where the deceased was party. Where a sole defendant or plaintiff dies and the cause of action survives, the court shall cause the legal representative to be made a party and proceed with the suit.

Outcome

Applicant substituted as party in place of deceased in underlying civil suit and appeal; proceedings to continue with executor as party

Facts

The respondent had instituted Civil Suit No. 022 of 2012 against Edward Mbaijana, which was dismissed with costs to Edward Mbaijana. The respondent filed Civil Appeal No. 002 of 2013, which was also dismissed with costs. Edward Mbaijana died before execution of the costs orders in both matters. On 13 October 2020, the applicant was granted probate in HCT-01-FD-AC-008 of 2018 to administer Edward Mbaijana's estate. The applicant applied to be substituted as a party in the civil suit and appeal to enable execution of the costs orders. The respondent was served but did not file a reply.

Issues

  1. Whether the applicant should be substituted as a party to Civil Suit No. 022 of 2012 and Civil Appeal No. 002 of 2013 to replace the late Edward Mbaijana.

Orders

  • Application allowed.
  • Applicant added as a party to Civil Suit No. 022 of 2012 and Civil Appeal No. 002 of 2013.
  • Edward Mbaijana (deceased) replaced by the applicant in both suits.
  • Necessary changes to be made in the pleadings.
  • Costs of the application to be borne by the applicant.

Rules and key headnotes

Civil Procedure — Parties — Substitution — Death of Party — Legal Representative
Where a sole defendant or plaintiff dies and the cause of action survives or continues, the court shall on application cause the legal representative of the deceased to be made a party and proceed with the suit.
Succession & Estates — Probate — Effect of Grant — Executor's Powers
Once probate is granted, it renders valid all acts done by the executor, and the executor steps into the shoes of the deceased for purposes of legal proceedings.

Legislation cited (7)

Cases cited (1)

  • Amrit Goyal v Hari Chand Goyal & 3 Others (Civil Application No. 109 of 2004)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Adolf Muganga Mbaijana(Executor of the Estate of the Late Edward Mbaijana) v Emmanuel Basaliza (Miscellaneous Application 2 of 2024) [2024] UGHC 109 (
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.