Ganya and Another v Twinomujuini (HCT-01-CV-LD-CS-28 OF 2023)

Observed later treatment

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 clarifying the plaintiffs' capacity as administrators in the amended plaint did not constitute substitution or addition of parties requiring leave of court. However, the suit was struck out because joint administrators must act jointly at all times under Section 268(1) of the Succession Act. Where one of three joint administrators withdrew from the suit, the remaining two lacked locus standi to continue as administrators, rendering the suit incurably defective.

Outcome

Suit struck out due to lack of locus standi of remaining administrators following withdrawal of co-administrator

Facts

Three plaintiffs, all joint administrators of the estate of the late Cecilia Mukatayali, filed suit seeking declarations that certain land formed part of the estate and orders for eviction of the defendant. The first plaintiff, Kabwa Ibrahim, withdrew from the suit in June 2023, stating he had lost interest. The court allowed his withdrawal with no order as to costs and directed the remaining plaintiffs to file an amended plaint. The amended plaint clarified that the two remaining plaintiffs sued in their capacity as administrators by adding this description in brackets against their names in the heading. The defendant raised two preliminary objections: that the amendment constituted substitution of parties without leave of court, and that the suit was defective because two administrators could not proceed without the third joint administrator.

Issues

1. Whether there was substitution or addition of parties in the amended Plaint without leave of Court.
2. Whether the Plaintiffs can progress the suit in the absence of their co-administrator, Kabwa Ibrahim.

Orders

• First preliminary objection overruled.
• Second preliminary objection upheld.
• Suit struck out for being incurably defective.
• No order as to costs.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules Order 1 Rule 10(2)
• Civil Procedure Rules Order 1 Rule 10(3)
• Civil Procedure Rules Order 1 Rule 13
• Civil Procedure Rules Order 31 Rule 2
• Succession Act Cap 268 s.2
• Succession Act Cap 268 s.176
• Succession Act Cap 268 s.268(1)

Cases cited (6)

• Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 EA 55
• Silver Byaruhanga v Fr. Emmanuel Ruvugwaho and Another (SCCA No. 09 of 2014)
• Henry De Souza Figueiredo v George Blacquere Talbot and Another [1962] EA 167
• Law society of Kenya vs. Commissioner of Lands and others, Civil case no. 464 of 2000
• Dima Enterprises Poro v Inyani Godfrey (Civil Appeal No. 17 of 2016)
• Paul K Ssemwogerere v Attorney General (Supra)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Wekhola and Another v Mutembuli & Co. Advocates (Taxation Appeal No. 021 of 2025)

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