Wakilii

In the matter of an Application for Letters of Administration by Opida Colline (Miscellaneous Application No. 99 of 2024)

High Court · [2025] UGHC 861 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for leave to amend application for letters of administration to correct applicant's name
Decision
Leave to amend granted; applicant to file amended application within fifteen days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to amend an application for letters of administration to correct the applicant's name from 'Opida Collins' to 'Opida Colline'. The court held that where an error in pleadings is identified before the hearing and the amendment addresses the real question at issue, discretion should be exercised to allow the amendment.

Outcome

Leave to amend granted; applicant to file amended application within fifteen days

Facts

Opida Colline applied for letters of administration to the estate of his deceased brother, Oryema Yosam. Being illiterate, he sought assistance from a paralegal who erroneously drafted the application with his name as 'Opida Collins' instead of his correct name 'Opida Colline' as shown on his National Identity Card. Upon discovering the error, his lawyer advised him to amend the entire application to reflect his correct name. The error had not been discovered until after filing but before the hearing of the substantive application.

Issues

  1. Whether the applicant should be granted leave to amend his application for letters of administration to correct his name from 'Opida Collins' to 'Opida Colline'.

Orders

  • The applicant is granted leave to amend his application for the grant of letters of administration within fifteen days from the date of delivery of this ruling.
  • The applicant will bear the costs of this application.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles for Grant of Leave
A court may grant leave to amend pleadings at any stage of proceedings where the amendment is necessary to determine the real question in controversy between the parties, provided the amendment does not cause injustice to the other side, is not made mala fide, avoids multiplicity of proceedings, and is not prohibited by law.
Succession & Estates — Letters of Administration — Amendment to Correct Applicant's Name
Where an applicant for letters of administration seeks to correct an error in his name before the hearing of the substantive application, and the amendment addresses the real question regarding his identity, the court should exercise discretion to allow the amendment.

Legislation cited (4)

Cases cited (1)

  • Gaso Transport Services (Bus) v Obene [1990-1994] 1 EA 88

Full judgment

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

In the matter of an Application for Letters of Administration by Opida Colline (Miscellaneous Application No. 99 of 2024) [2025] UGHC 861 (5 August 20
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.