Agnes Nalwanga v Haruna Sentongo (Miscellaneous Application No. 917 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Commercial Division of the High Court lacks jurisdiction to grant letters of administration ad litem. A party seeking substitution under Order 24 rule 3 of the Civil Procedure Rules must already possess credentials as legal representative or executor before the Commercial Court can consider the application. The applicant, despite being named as executor in the deceased's will, had not been formally appointed legal representative and had not adduced evidence confirming that status. The application for substitution and grant of letters of administration ad litem was dismissed.
Outcome
Application dismissed for lack of jurisdiction and failure to demonstrate legal standing
Facts
The late Kizito David filed Civil Suit No. 168 of 2023 against the respondent for breach of contract. He died testate on 1 January 2024 before the suit was disposed of. The suit was dismissed for non-appearance on 15 May 2024. Agnes Nalwanga, the applicant and biological sister of the deceased, was named as one of the executors in the deceased's will. She applied to be substituted as plaintiff and sought letters of administration ad litem to prosecute the suit. She averred that the family had failed to agree on who should be executors and that one named executor was unwilling to act. The process for grant of probate was ongoing at the Administrator General's office. The respondent did not appear at the hearing and filed no reply.
Issues
- Whether the applicant should be substituted as plaintiff in place of her late brother Kizito David in Civil Suit No. 168 of 2023.
- Whether the application raises sufficient grounds for setting aside the dismissal of Civil Suit No. 168/2023.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (8)
Cases cited (2)
- Okway John Kimbo v Oddia Nuru & Anor (High Court Civil Suit No. 31 of 2013)
- Mugasha v Housing Finance Bank and Another (Miscellaneous Application No. 1132 of 2020)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.