Wakilii

Galukanda v Kibirige & 3 Others (Miscellaneous Application 23 of 2023)

High Court · [2023] UGHC 396 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased defendant with legal representatives in pending civil suit
Decision
Application dismissed with no order as to costs. Applicant advised to find an alternative nominee willing to act as legal representative and file a fresh application.

Observed later treatment

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Holding

Held that a court cannot compel a person to act as legal representative of a deceased party against their will under Section 222 of the Succession Act. The application was dismissed against the 2nd and 4th Respondents for failure to effect proper service within the statutory time limit. The proposed legal representative's objection to appointment was fatal to the application on the merits.

Outcome

Application dismissed with no order as to costs. Applicant advised to find an alternative nominee willing to act as legal representative and file a fresh application.

Facts

The applicant sought to substitute the deceased 2nd defendant in Civil Suit No. 18 of 2015 with legal representatives. Kibirige George William, the 2nd defendant, died in 2021 before the suit was determined. The applicant proposed that the 1st and 2nd respondents, allegedly the widow and son of the deceased, be appointed as legal representatives under Section 222 of the Succession Act. The 1st respondent appeared in court and objected to the appointment, denying that the 2nd respondent was her son. The 4th respondent raised preliminary objections regarding service of expired summons and lack of cause of action against him. No letters of administration had been taken out for the deceased's estate.

Issues

  1. Whether the 4th Respondent was served with expired summons rendering service of no legal effect.
  2. Whether the application disclosed a cause of action against the 4th Respondent.
  3. Whether the court can compel a person to act as legal representative of a deceased party against their will under Section 222 of the Succession Act.

Orders

  • Application dismissed against the 2nd and 4th Respondents for failure to properly serve them within the statutory time limit.
  • Application dismissed on the merits as the proposed legal representative objected to appointment and cannot be compelled to act against her will.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Time Limits — Effect of Service Beyond Statutory Period
Service of summons must be effected within twenty-one days from the date of issue unless time is extended on application to court made within fifteen days after expiration of the twenty-one days showing sufficient reasons. Where summons have not been served in time and no application for extension has been made or granted, the service is of no legal effect and the suit or application stands dismissed against the parties not properly served.
Succession & Estates — Letters of Administration Ad Litem — Appointment of Unwilling Nominee
Under Section 222 of the Succession Act, a court cannot compel a person to act as legal representative of a deceased party against their will. The provision does not suggest that the court can force a person to be appointed as legal representative where that person objects to the appointment.
Succession & Estates — Letters of Administration Ad Litem — Conditions for Grant Under Section 222
Letters of administration ad litem under Section 222 of the Succession Act are granted where owing to special circumstances and urgency it would not be possible for the court to make a full grant in sufficient time to meet the necessities of the estate. Such grants are typically made where the process for obtaining full letters of administration has commenced but the urgency of pending litigation requires immediate appointment, and where the proposed administrator does not object to the appointment.
Civil Procedure — Preliminary Objections — Service on All Parties to Suit
In a miscellaneous application arising from an existing suit, all parties to the main suit should be served with the application even where the prayers do not seek specific relief against a particular party, where the application has a bearing on the main suit and affects all parties. Service on all parties promotes smooth running of proceedings and keeps all parties informed of events transpiring in the suit.

Legislation cited (10)

Cases cited (8)

  • Hadija v Lddi [1974] EA 50
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696
  • Registered Trustees of Madi West Nile Diocese v Lucia Eyotaru and Others (HCMA No. 43 of 2021)
  • Rashida and Another v Adrisi (HCCA No. 9 of 2017)
  • Okway v Oddia and Another (HCMC No. 39 of 2016)
  • Balikudembe Jumba and Others v Nkizi Rona and Others (HCMC No. 11 of 2015)
  • Bekalaze Ronald v Lubwana Moses and 209 Others (HCMA No. 941 of 2021)
  • Ssalongo Muwanga George v Nasser Abdu Ssebagala (HCMA No. 578 of 2021)

Full judgment

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

Galukanda v Kibirige & 3 Others (Miscellaneous Application 23 of 2023) [2023] UGHC 396 (30 June 2023)
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.