DOTT Services Limited v Nankabirwa Aisha and Others (Miscellaneous Application 2364 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the application to substitute the administrators of the estate of the late Hajji Ssemakula Haruna as counter defendants in Civil Suit No. 44 of 2009. The deceased had been the first plaintiff/counter defendant but passed away in June 2021 before the suit was determined. The court ordered that the matter be forwarded to the mediation registry, with each party bearing their own costs.
Outcome
Administrators substituted as counter defendants; matter forwarded to mediation registry
Facts
The late Hajji Ssemakula Haruna was the first plaintiff and counter defendant in Civil Suit No. 44 of 2009. He passed away in June 2021 before the suit was determined on its merits. The applicant, Dott Services Limited, had a counter claim against the deceased. The respondents were duly appointed administrators to the estate of the late Ssemakula Haruna. The applicant sought to substitute the administrators in place of the deceased to enable the counter claim to be heard and determined, and to protect the suit land from alienation or encroachment by third parties. All respondents, through their respective counsel, conceded to the application and requested that each party bear its own costs and that the matter be forwarded to mediation.
Issues
- Whether the respondents, as administrators of the estate of the late Hajji Ssemakula Haruna, should be substituted as counter defendants in Civil Suit No. 44 of 2009.
Orders
- Nankabirwa Aisha, Babirye Suleya Semakula, Nakato Sumaya Semakula and Katamba Ashar Ssemakula be substituted as counter defendants in Civil Suit No. 44 of 2009.
- Civil Suit No. 44 of 2009 is hereby forwarded to the mediation registry for handling and the same shall be mentioned on 12th March 2025 at 1.00pm.
- Each party shall bear their own costs.
Legislation cited (8)
- Succession Act s.222
- Judicature Act s.33
- Civil Procedure Act s.3
- Civil Procedure Act s.98
- Civil Procedure Rules O.24 r.3(1)
- Civil Procedure Rules O.24 r.12
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.