Wakilii

Gitta James and 3 Others v Kato William Kasirye t a the Administrator of the Estate of the late Kupriano Kasirye and Another (Miscellaneous Cause No. 54 of 2025)

High Court · [2025] UGHCLD 253 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to institute a representative suit under Order 1 Rules 8 and 22 of the Civil Procedure Rules
Decision
Leave granted to proceed with representative suit; Applicants required to personally serve notice on all 21 represented persons and file proof of service

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Applicants satisfied the statutory conditions for a representative suit under Order 1 Rule 8 of the Civil Procedure Rules. The 21 persons represented have the same actual and existing interest in preserving ancestral burial grounds on mailo land. Written authorization from all represented persons was provided. A proposed plaint with list of represented persons was attached. Leave granted for representative suit. Notice to be served personally on all 21 represented persons by the Applicants.

Outcome

Leave granted to proceed with representative suit; Applicants required to personally serve notice on all 21 represented persons and file proof of service

Facts

The four Applicants are descendants of a common great grandfather, Ssendikwanawa. They seek leave to institute a representative suit on behalf of 21 other family members (making 25 descendants in total) to preserve ancestral burial grounds more than 300 years old located on mailo land Block No. 132, Plot No. 1634 and Plot 1707, Nabutiti, Busukuma Division, Wakiso District. The Applicants allege the first Respondent, acting as administrator of his late father's estate, has subdivided and sold portions of the land and threatens to dispose of the family burial grounds. All 21 persons provided written authorization with signatures and national ID details. A proposed plaint was attached to the application showing the list of represented persons and their common interest.

Issues

  1. Whether the Applicants have met the conditions required for Court to grant leave for a Representative Suit to be instituted?

Orders

  • Application allowed.
  • Leave granted to the Applicants to institute a representative suit on behalf of the other 21 persons indicated in the Application.
  • Notice of institution of the suit to the 21 other persons shall be served on them personally by the Applicants and proof of this service shall be filed in Court.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Representative Suits — Conditions for Grant of Leave under Order 1 Rule 8
For Court to grant leave to institute a representative suit under Order 1 Rule 8 of the Civil Procedure Rules, the applicants must satisfy three statutory conditions: (a) all persons represented have the same actual and existing interest in the subject matter; (b) all persons represented have authorized the applicants in writing duly signed by them; and (c) the application is accompanied by a proposed plaint showing a list of all persons represented and demonstrating their common interest.
Civil Procedure — Representative Suits — Same Interest in Subject Matter
Descendants of a common ancestor who seek to preserve ancestral burial grounds threatened by subdivision and disposal have the same actual and existing interest in the subject matter and may maintain a representative suit under Order 1 Rule 8 of the Civil Procedure Rules.
Civil Procedure — Representative Suits — Notice to Represented Persons
Where applicants know the identities, physical locations and contact details of persons to be represented in a representative suit, the Court shall order personal service of notice of institution of the suit on those persons under Order 1 Rule 8(4) of the Civil Procedure Rules, and proof of such service must be filed in Court.

Legislation cited (7)

Cases cited (2)

  • Katongole Abdallah and 3 Others v Hajji Ali Kasolo (Miscellaneous Cause No. 31 of 2024)
  • Mugisha Enos and 7 Others v Kyotera District Land Board (Miscellaneous Cause No. 1 of 2021)

Full judgment

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

Gitta_James_and_3_Others_v_Kato_William_Kasirye_t_a_the_Administrator_of_the_Estate_of_the_late_Kupriano_Kasirye_and_Another_(Miscellaneous_Cause_No._54_of_2025)_[2025]_UGHCLD_253_
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.