Wakilii

Jamal Walji Limited v Murtazaali Kassam and 2 Others [2026] UGHCLD 7

High Court · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application in a pending land suit seeking a limited grant of letters of administration and addition of a legal representative as defendant
Decision
Estate of the late Kulsum Binte Dahyabhai added as a defendant in Civil Suit No. 197 of 2023, with the 1st Respondent (not the Administrator General) appointed administrator pendente lite

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court overruled the res judicata objection, holding that the earlier rectification cause and the review application were not finally decided on the substance now pleaded (cancellation and substitution of title), and that the applicant was not a party to the earlier cause. Under Order 1 rule 10(2) of the Civil Procedure Rules the estate of a deceased co-owner whose presence is necessary for complete adjudication may be added as a defendant, and under section 218 of the Succession Act the court may grant administration limited to a suit. The court declined to nominate the Administrator General, whose office is heavily encumbered, and instead appointed the first respondent, a lineal descendant and beneficiary already familiar with the dispute, as administrator pendente lite.

Outcome

Estate of the late Kulsum Binte Dahyabhai added as a defendant in Civil Suit No. 197 of 2023, with the 1st Respondent (not the Administrator General) appointed administrator pendente lite

Facts

The applicant company sued the executors of the estate of the late Ebrahim Alarakhia Kassam and the Commissioner Land Registration in Civil Suit No. 197 of 2023, seeking cancellation and substitution of the certificate of title for land comprised in LRV 4478 Folio 23 to reflect 50% shareholding for the applicant and 50% for the estates of the late Ebrahim Alarakhia Kassam and the late Kulsum Binte Dahyabhai. The suit property was registered in the names of the applicant and the two deceased persons. Ebrahim Alarakhia Kassam, who had administered his mother Kulsum Binte Dahyabhai's estate, died in 2022, and no letters of administration for her estate had since been granted. The applicant sought a limited grant to the Administrator General so that the estate could be represented and added as a defendant. The first respondent, a grandson and beneficiary of the late Kulsum Binte Dahyabhai and executor of his father's will, opposed the application, contending it was res judicata by reason of Miscellaneous Cause No. 29 of 2020 and Miscellaneous Application No. 1271 of 2020, that the estate was not a party to the suit, and that he had already been appointed administrator pendente lite in the earlier application and was taking steps to obtain a grant.

Issues

  1. Whether the preliminary objection of res judicata and estoppel per rem judicatam raised against the main suit should take precedence over, and defeat, the instant application.
  2. Whether there is an existing administrator pendente lite of the estate of the late Kulsum Binte Dahyabhai.
  3. Whether the estate of the late Kulsum Binte Dahyabhai, which is sought to be represented, is a party to the main suit.
  4. Whether the Administrator General should be granted a limited grant as administrator ad litem and added as a defendant in the main suit.

Orders

  • This application is not res judicata.
  • The estate of the late Kulsum Binte Dahyabhai is added as a party to Civil Suit No. 197 of 2023.
  • The 1st Respondent, Murtazali Kassam, is appointed Administrator Pendente Lite for the purposes of Civil Suit No. 197 of 2023 to represent the estate of the late Kulsum Binte Dahyabhai.
  • Each party shall bear their own costs.

Rules and key headnotes

Civil Procedure — Res Judicata — Requirement that the Matter be Heard and Finally Decided
A suit is not barred by res judicata where the earlier proceedings were disposed of on a procedural shortcoming without a final determination of the substantive matter now in issue, or where the party raising the fresh claim was not a party to the earlier proceedings.
Civil Procedure — Joinder of Parties — Order 1 rule 10(2) — Necessary Party
The court may at any stage of the proceedings, with or without an application, order the addition of a person whose presence is necessary to enable it effectually and completely to adjudicate upon and settle all questions involved in the suit, particularly where the addition avoids multiplicity of proceedings and a later challenge for want of a fair hearing.
Succession & Estates — Administration Limited to a Suit — Administrator Pendente Lite
Under section 218 of the Succession Act the court may grant administration limited to a particular suit, and the powers of an administrator pendente lite are tied to that litigation and extinguish upon its final resolution.
Succession & Estates — Choice of Administrator Pendente Lite — Preference for Beneficiary over Administrator General
Although the Administrator General is empowered to manage the estates of persons who die intestate, where a responsible person such as a lineal descendant and beneficiary conversant with the dispute is available and willing, the court should appoint that person as administrator pendente lite rather than add to the encumbered caseload of the Administrator General.
Succession & Estates — Administrator Pendente Lite — Cannot be Appointed in Anticipation of a Suit
An administrator pendente lite cannot be appointed in anticipation of a suit; where a suit already exists but the estate is unrepresented, the proper course is to seek leave to amend the pleadings so as to add the estate and secure representation for it.
Land & Property — Co-ownership — Representation of a Deceased Co-owner's Estate in Title Rectification Litigation
Where registered land is co-owned and one co-owner's estate has no legal representative, that estate must be represented and joined in proceedings seeking cancellation or substitution of the certificate of title so that its interest is protected and it is bound by the decision.

Legislation cited (9)

Cases cited (8)

  • Ssemakula v Magala & Others [1979] HCB 90
  • Fr. Narsensio Begumisa and 3 Ors v Eric Tibebaga
  • [2023] UGSC 32
  • National Housing and Construction Company Ltd v Uganda Institution of Professional Engineers Ltd and Another (Miscellaneous Application No. 50 of 2023)
  • Gibbs v Roy, 85 C.L.J 280
  • Okway John Kimbo v Oddia Nuru and Jamaida Oddia (Miscellaneous Application No. 0039 of 2016)
  • Jamal Walji Limited v Ebrahim Alarakhia Kassam and Another (Miscellaneous Application No. 1271 of 2020)
  • H.C.M.C 29 of 2020 (Miscellaneous Cause No. 29 of 2020), Land Division

Full judgment

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Jamal Walji Limited v Murtazaali Kassam and 2 Others [2026] UGHCLD 7 (28 January 2026)
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.