Wakilii

Ayella v Okum & 2 Others (Miscellaneous Application 64 of 2024)

High Court · [2024] UGHC 1022 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for grant of Letters of Administration Ad Litem arising from a civil appeal concerning land
Decision
Application for Letters of Administration Ad Litem dismissed; parties left to pursue alternative remedies under the Succession Act

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court declined to grant Letters of Administration Ad Litem where the nominated beneficiaries of deceased appellants took no affirmative steps to express interest in being joined to the appeal, filed no responsive affidavits, and no evidence was presented that consensus had been reached among beneficiaries. The Court held that designation of administrators ad litem requires a semblance of legitimacy born from consensus, and the applicant's position was contradictory in claiming beneficiaries were unwilling to obtain letters while simultaneously seeking a grant in their favour.

Outcome

Application for Letters of Administration Ad Litem dismissed; parties left to pursue alternative remedies under the Succession Act

Facts

The applicant was the sole surviving appellant in Civil Appeal No. 21/2023, the other two appellants having died. The appeal concerned land ownership of customary tenure. The applicant sought orders appointing the widow of the 2nd appellant and the son of the 3rd appellant as administrators ad litem to enable prosecution of the appeal. He claimed the nominated beneficiaries had not commenced the process of obtaining grant of letters of administration and might not be willing to appoint representatives. The 1st and 2nd respondents (the nominated beneficiaries) attended court but filed no affidavits in reply and expressed no position when given the opportunity. The 3rd respondent opposed the application. The applicant contended it was in the interests of justice to grant the orders to enable the land appeal to proceed.

Issues

  1. Whether sufficient cause has been shown for the Court to exercise its discretion to grant the 1st Respondent and 2nd Respondent Letters of Administration Ad Litem replacing and substituting the deceased 2nd and 3rd Appellants.

Orders

  • Miscellaneous Application No. 64/2024 is dismissed.
  • Each party shall meet their own costs of the application.

Rules and key headnotes

Letters of Administration Ad Litem — Requirements for Grant
A court may grant Letters of Administration Ad Litem under Section 218 of the Succession Act read with Section 37 of the Judicature Act and Section 98 of the Civil Procedure Act for the limited purpose of representing a deceased party in a suit until its conclusion, but such a grant is entirely at the discretion of the court to be exercised judiciously.
Letters of Administration Ad Litem — Need for Beneficiary Consensus
In designating an administrator ad litem, a court must be conscious of the need for a semblance of legitimacy born from consensus among beneficiaries, and care must be taken not to inadvertently provoke acrimony amongst them. Where no evidence is presented that consensus was reached and the proposed administrators take no affirmative steps to express interest, the grant should be declined.
Death of Party — Survival of Cause of Action in Land Matters
A cause of action in land is not simply extinguished by the death of a party in a suit concerning land interests, nor would it cause a suit to automatically abate. Land of customary tenure held in trust would generally allow the cause of action to survive to beneficiaries.
Death of Appellant — Procedure Under Order 24 Rule 3
Where one of several appellants dies and the cause of action does not survive or continue to the surviving appellant alone, the court on application shall cause the legal representative of the deceased appellant to be made a party and shall proceed with the appeal. The survivability or continuity of the cause of action to the sole remaining appellant must be established.

Legislation cited (6)

Cases cited (3)

  • Balikuddembe Jumba Peter & Others v Kiwalabye Expedito (Miscellaneous Application No. 11 of 2015)
  • Aluma & Others v Okuti (Miscellaneous Application No. 12 of 2016)
  • Okhway John Kimbo v Oddia Nuru & Another (Miscellaneous Application No. 39 of 2016)

Full judgment

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

Ayella v Okum & 2 Others (Miscellaneous Application 64 of 2024) [2024] UGHC 1022 (31 October 2024)
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.