Wakilii

Dennis S. Kidza and 2 Others v Absa Bank Uganda Limited and 3 Others (Civil Suit No. 1090 of 2020; Miscellaneous Application No. 2008 of 2025)

High Court · [2026] UGHCLD 39 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from civil suit seeking appointment as personal representatives and extension of time to amend pleadings
Decision
Application granted; applicants appointed as personal representatives for limited purpose; time extended to amend pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court appointed the applicants as personal representatives of the deceased's estate for the limited purpose of prosecuting the pending civil suit, pending renewal of their expired Letters of Administration. The court extended time for filing an amended plaint to add the current registered proprietor as a necessary party, finding that the delay was explained by administrative error and the applicants' lack of legal capacity while their Letters had expired.

Outcome

Application granted; applicants appointed as personal representatives for limited purpose; time extended to amend pleadings

Facts

The applicants were beneficiaries and former administrators of the estate of the late Proscovia Nakazibwe Kizza, having been granted Letters of Administration in 2015 under Administration Cause No. 410 of 2015. They filed HCCS No. 1090 of 2020 based on those Letters, but the Letters expired before the suit could be determined. In a previous ruling (HCMA No. 1194 of 2023), the court had ordered the applicants to file an amended plaint adding Ajok Marina, the current registered proprietor of the suit land, as a party. The applicants failed to comply in time because the ruling was sent to an incorrect email address belonging to a non-advocate, and because they lacked legal capacity to file amended pleadings while their Letters of Administration remained expired. The applicants applied for renewal of their Letters in the Family Division via FD-MA 3099 of 2025, with the consent of all beneficiaries. They then brought this application seeking appointment as personal representatives for the limited purpose of prosecuting the suit and extension of time to amend the plaint.

Issues

  1. Whether the Applicants should be appointed as personal representatives of the estate of the late Proscovia Nakazibwe for the purposes of prosecuting HCCS No. 1090 of 2020.
  2. Whether the Court should extend time for the filing of the amended plaint to include Ajok Marina as a defendant.

Orders

  • The Applicants are hereby appointed as personal representatives of the late Proscovia Nakazibwe for the conduct of HCCS 1090 of 2020 pending extension or renewal of the Applicants' Letters of Administration vide Administration Cause 410 of 2015.
  • The Applicants are hereby granted fourteen (14) days within which to effect the amendment by addition of Ajok Marina as a defendant in HCCS 1090 of 2020.
  • Each party shall bear their own costs.

Rules and key headnotes

Succession & Estates — Personal Representatives — Appointment ad litem — Expired Letters of Administration
Where Letters of Administration have expired but a renewal application is pending with the consent of all beneficiaries, the court may appoint the former administrators as personal representatives for the limited purpose of prosecuting a specific suit to prevent the estate from losing locus standi and to avoid the suit lapsing during the transition between grants of administration.
Civil Procedure — Amendment of Pleadings — Extension of Time — Good Cause
A court may extend time for filing an amended plaint where the delay is explained by administrative error in service of the court order and by the applicants' lack of legal capacity to file new pleadings while their Letters of Administration had expired, particularly where the amendment is necessary to add a necessary party and avoid multiplicity of suits.
Civil Procedure — Amendment of Pleadings — Necessary Parties — Current Registered Proprietor
Where the current registered proprietor of suit land is not a party to the proceedings, the court should permit amendment to add that person as a defendant to ensure conclusive determination of the dispute and to prevent multiplicity of suits.

Legislation cited (12)

Cases cited (2)

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

Full judgment

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

Dennis_S._Kidza_and_2_Others_v_Absa_Bank_Uganda_Limited_and_3_Others_(Civil_Suit_No._1090_of_2020;_Miscellaneous_Application_No._2008_of_2025)_[2026]_UGHCLD_39_(17_February_2026)
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.