Wakilii

Buchunju v Wanjula and 2 Others (Miscellaneous Application 23 of 2023)

High Court · [2024] UGHC 127 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside judgment and decree entered against deceased defendant in Civil Suit No. 53 of 2010
Decision
Application dismissed for lack of locus standi; applicant must first seek leave to be made a party to the underlying suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a defendant dies and the legal representative seeks to participate in proceedings arising from a suit against the deceased, the legal representative must first obtain leave of court under Order 24 Rule 4 of the Civil Procedure Rules to be made a party before filing any substantive application. Failure to obtain such leave renders the legal representative without locus standi. Application dismissed.

Outcome

Application dismissed for lack of locus standi; applicant must first seek leave to be made a party to the underlying suit

Facts

Betty Perusi Olesi Buchunju, as administrator of the estate of the late Benjamin Buchunju, filed an application seeking to review and set aside a judgment and decree entered against the deceased in Civil Suit No. 53 of 2010. The deceased had been a defendant in that suit. The applicant brought the application without first obtaining leave of court to be made a party to Civil Suit No. 53 of 2010 as legal representative of the deceased defendant. The first respondent raised a preliminary objection that the applicant lacked locus standi to bring the application. The applicant's counsel did not file any submissions in reply to the preliminary objection.

Issues

  1. Whether the applicant had locus standi to bring the application without first obtaining leave of court to be made a party to the underlying suit as legal representative of the deceased defendant.

Orders

  • Preliminary objection sustained.
  • Application dismissed.
  • Costs to be paid by counsel in personal conduct of the application for lack of care in representing the applicant.

Rules and key headnotes

Civil Procedure — Locus Standi — Legal Representative of Deceased Party
Where a sole defendant dies and the legal representative wishes to participate in proceedings arising from a suit against the deceased, the legal representative must first obtain leave of court under Order 24 Rule 4 of the Civil Procedure Rules to be made a party to the suit before filing any substantive application.
Civil Procedure — Preliminary Objections — Effect of Sustaining Objection on Locus Standi
Where a preliminary objection on locus standi is sustained, it has the effect of disposing of the entire application without consideration of its merits.
Civil Procedure — Costs — Personal Liability of Counsel
Where an application is dismissed due to counsel's lack of care in failing to comply with procedural requirements known or expected to be known to counsel, the court may order costs to be paid by counsel personally.

Legislation cited (9)

  • Judicature Act Cap.13 s.33
  • Civil Procedure Act Cap.71 s.82
  • Civil Procedure Act Cap.71 s.98
  • Civil Procedure Rules O.9 r.12
  • Civil Procedure Rules O.9 r.29
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.2
  • Civil Procedure Rules O.52 r.3
  • Civil Procedure Rules O.24 r.4

Full judgment

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Buchunju v Wanjula and 2 Others (Miscellaneous Application 23 of 2023) [2024] UGHC 127 (20 March 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.