Wakilii

Joseph Namutale c/o Lutakome and company Advocates v Katende Sempebwa and Company Advocates and Another (Civil Suit No. 370 of 1990)

High Court · [1990] UGHC 51 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of guardian for second defendant (a minor)
Decision
Application for appointment of guardian dismissed for failure to comply with procedural requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for appointment of a guardian ad litem for a minor defendant under Order 9 rules 2 and 26 of the Civil Procedure Rules must be supported by affidavit evidence proving service of summons on the minor, non-filing of appearance within the prescribed period, service of notice of the application, and that the proposed guardian has no adverse interest to the minor and does not object to the appointment. In the absence of such affidavit evidence, the application must be dismissed.

Outcome

Application for appointment of guardian dismissed for failure to comply with procedural requirements

Facts

Joseph Namutale brought Civil Suit 370 of 1990 against Katende Sempebwa & Co. Advocates (first defendant) and Emmanuel Wamala (second defendant, a minor). Emmanuel Wamala was served with summons to enter appearance on 24 May 1990 but did not file an appearance within the statutory period. The plaintiff applied by chamber summons for appointment of Robina Namagga (the mother of the second defendant) as guardian ad litem to enable the minor to defend the suit. The first defendant objected on grounds that they had not been served with the chamber summons, that Robina Namagga had expressed unwillingness to accept the appointment due to poor health, and that as executors of the will of the late Gerosome Kamoga (the father of the second defendant) they should have been served and consulted.

Issues

  1. Whether the first defendant ought to have been served with the chamber summons.
  2. Whether the plaintiff satisfied the procedural requirements for appointment of a guardian for a minor defendant.
  3. Whether the application was supported by the necessary affidavit evidence.

Orders

  • Application dismissed.

Rules and key headnotes

Civil Procedure — Service of Process — Chamber Summons — Service on Co-Parties
As a party to a head suit, a defendant is entitled to know the nature of any proceedings that take place in the case, and on the principle of fair play should be served with chamber summons relating to those proceedings even when not directly concerned with the application.
Civil Procedure — Appointment of Guardian Ad Litem — Procedure and Requirements
An application under Order 9 rules 2 and 26 of the Civil Procedure Rules for appointment of a guardian ad litem for a minor defendant must be supported by affidavit evidence verifying: (a) that summons was duly served on the minor; (b) that the minor has not filed appearance within the prescribed period; (c) that notice of the application was served on the minor and on the person in whose custody the minor is; (d) that the proposed guardian has no adverse interest to that of the minor in the subject matter of the suit; and (e) that the proposed guardian has no objection to the appointment.
Civil Procedure — Appointment of Guardian Ad Litem — Burden of Proof
The duty to prove the requirements for appointment of a guardian ad litem is on the plaintiff, and in the absence of such proof by affidavit evidence, the application must be dismissed.

Legislation cited (4)

  • Civil Procedure Rules O9 r2
  • Civil Procedure Rules O9 r26
  • Civil Procedure Rules O29 r3
  • Civil Procedure Rules O29 r4

Full judgment

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Joseph Namutale c_o Lutakome and company Advocates v Katende Sempebwa and Company Advocates and Another (Civil Suit No. 370 of 1990) [1990] UGHC 51 (2
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.