Dennis S Kidza and 2 Others v Absa Bank Uganda Limited and 3 Others [2026] UGHCLD 39

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court held that where a grant of Letters of Administration expires while a suit brought on its strength remains pending, the court may, under s.214 of the Succession Act and its inherent powers, appoint the former administrators as personal representatives ad litem for the limited purpose of prosecuting that suit pending renewal of the grant, so that the estate is not left without locus standi. The court further held that time to effect an amendment previously ordered may be extended under Order 6 rules 19 and 25 of the Civil Procedure Rules where good reason for the delay is shown and the amendment is necessary to add a necessary party and avoid multiplicity of suits. Application granted; each party to bear own costs.

Outcome

Applicants appointed personal representatives ad litem and given 14 days to file an amended plaint adding the current registered proprietor as a defendant

Facts

The applicants are beneficiaries of the estate of the late Proscovia Nakazibwe and were granted Letters of Administration in 2015 under Administration Cause No. 410 of 2015. Relying on that grant, they filed HCCS No. 1090 of 2020 concerning land. The grant expired before the suit was determined, and the applicants applied in the Family Division for its renewal or extension in FD-MA 3099 of 2025, all beneficiaries having consented. In an earlier ruling in Miscellaneous Application No. 1194 of 2023, the court had ordered the applicants to amend the plaint to add Ajok Marina, the current registered proprietor of the suit land, as a defendant. The applicants did not comply in time, explaining that the ruling had been sent to an incorrect email address belonging to a person who was not an advocate and not in personal conduct of the matter, and that they lacked capacity to sign fresh pleadings while their Letters of Administration were expired. The respondents were served with the notice of motion and court directions but filed no affidavit in reply and made no submissions, leaving the applicants' evidence uncontroverted.

Issues

1. Whether the applicants should be appointed personal representatives of the estate of the late Proscovia Nakazibwe for the purpose of prosecuting HCCS No. 1090 of 2020 pending renewal of their Letters of Administration.
2. Whether the court should extend the time within which the applicants may file an amended plaint adding the current registered proprietor of the suit land as a defendant.
3. What remedies are available to the parties.

Orders

• The Applicants are appointed personal representatives of the late Proscovia Nakazibwe for the conduct of HCCS No. 1090 of 2020 pending extension or renewal of the Applicants' Letters of Administration vide Administration Cause No. 410 of 2015.
• The Applicants are granted fourteen (14) days within which to effect the amendment by addition of Ajok Marina as a defendant in HCCS No. 1090 of 2020.
• Each party shall bear their own costs.

Rules and key headnotes

Legislation cited (10)

• Civil Procedure Act s.98
• Succession Act Cap 268 s.214
• Succession Act Cap 268 s.215
• Civil Procedure Rules O.24 r.3
• Civil Procedure Rules O.24 r.5
• Civil Procedure Rules O.51 r.6
• Civil Procedure Rules O.52 rr.1, 2 and 3
• Civil Procedure Rules O.6 r.19
• Civil Procedure Rules O.6 r.25
• Judicature Act s.33

Cases cited (2)

• Administrator General v. Bukirwa [1992-93] HCB 192
• G.L. Binaisa v. West Nile District Administration [1971] 1 ULR 251

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