Ernest Sembatya Kaggwa and Others v Peter Kimanje Nsibambi and Another (Miscellaneous Application No.1280 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the application for substitution of parties under Order 24 of the Civil Procedure Rules. The applicants, appointed as executors of the estate of the deceased plaintiff Nelson Kawalya, were substituted as parties in Civil Suit No. 053 of 2005 to enable the case to be concluded. Costs were awarded to the applicants.
Outcome
Applicants substituted as parties to enable underlying suit to proceed to conclusion
Facts
The applicants were appointed as executors of the estate of Nelson Kawalya, who was the plaintiff in Civil Suit No. 053 of 2005. Following his death, the applicants sought to be substituted as parties in the underlying suit. The respondents, who are administrators of the estate of the late Ezekiel Kimanje (the original defendant), were served with the application but refused to receive it and did not appear at the hearing. The application was brought under Order 24 rule 3 of the Civil Procedure Rules.
Issues
- Whether the applicants, as executors of the deceased plaintiff's estate, should be substituted as parties in the underlying civil suit.
Orders
- Application granted.
- Applicants substituted as parties in Civil Suit No. 053 of 2005 in accordance with Order 24 of the Civil Procedure Rules.
- Applicants to meet their costs for this application.
Legislation cited (1)
- Civil Procedure Rules O.24 r.3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.