Wakilii

Katende Paskazia v Ssengozi and Others (Miscellaneous Application No. 203 of 2024)

High Court · [2024] UGHCLD 351 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from Civil Suit No. 906 of 2021 seeking orders to record the death of the 2nd plaintiff, continue the suit with the surviving plaintiff, and amend the plaint
Decision
Application granted. Suit to proceed with surviving plaintiff after amendment of plaint to remove deceased 2nd plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where one of two joint plaintiffs dies during civil proceedings and the cause of action survives, the court must make an entry recording the death on the court record under Order 24 rule 2 of the Civil Procedure Rules. The suit proceeds with the surviving plaintiff. The applicant, who jointly purchased land with her deceased sister (a religious nun with no spouse or children), was permitted to continue the land dispute as sole plaintiff. The plaint was ordered amended to remove the deceased 2nd plaintiff's name.

Outcome

Application granted. Suit to proceed with surviving plaintiff after amendment of plaint to remove deceased 2nd plaintiff

Facts

On 16 October 2021, Paskazia Katende and Elizabeth Namiiro filed Civil Suit No. 906 of 2021 as joint plaintiffs, alleging they purchased land in 2014 from the 1st defendant for UGX 56,000,000 but he never gave them transfer forms and later sold the land to the 2nd defendant in 2018. On 1 June 2023, Elizabeth Namiiro died at St. Francis Hospital Nsambya at age 73. A death certificate was issued. Namiiro was Katende's biological sister and a religious nun with no children or spouse. The two had jointly purchased and utilized the suit land. When the suit came up for scheduling, counsel informed the court of Namiiro's death and filed this application to record the death and amend the plaint to remove the 2nd plaintiff so the suit could proceed with Katende as sole plaintiff.

Issues

  1. Whether the court should make an entry that the 2nd plaintiff died during the subsistence of Civil Suit No. 906 of 2021.
  2. Whether the cause of action in Civil Suit No. 906 of 2021 survives to the applicant as the sole plaintiff.
  3. Whether the plaint should be amended to remove the name of the deceased 2nd plaintiff.

Orders

  • Application granted.
  • An entry shall be entered on the court record that the 2nd plaintiff Elizabeth Namiiro died on 1st June 2023 at 3:00pm at St. Francis Hospital Nsambya.
  • The cause of action in H.C.C.S No. 906 of 2021 continues and survives to the applicant as the sole plaintiff.
  • The plaint in H.C.C.S 906 of 2021 be amended to remove the name of 2nd plaintiff not later than 7th March 2024 and the defendants file amended defenses by 3rd April 2024.
  • The main suit (Civil Suit No. 906 of 2021) shall be mentioned on 29th April 2024 at 10.00am for further directions.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Death of Party — Multiple Plaintiffs — Survival of Cause of Action
Where there are multiple plaintiffs and one dies during the subsistence of civil proceedings, and the cause of action survives to the surviving plaintiff, the court must cause an entry to be made on the court record under Order 24 rule 2 of the Civil Procedure Rules and the suit proceeds at the instance of the surviving plaintiff.
Civil Procedure — Amendment of Pleadings — Death of Party
Under Order 6 rule 19 of the Civil Procedure Rules, the court has power to amend pleadings at any stage of proceedings to allow removal of a deceased plaintiff's name where the cause of action survives to the remaining plaintiff, provided such amendment is necessary to determine the real questions in controversy between the parties.
Civil Procedure — Affidavits — Burden of Proof — Uncontroverted Facts
Where certain facts are sworn to in an affidavit, the burden to deny them is on the other party and in case of failure to do so, they are presumed to have been accepted.

Legislation cited (6)

Cases cited (2)

  • John Kaye v Attorney General (Constitutional Court Application No. 25 of 2012)
  • Tarema Justus v Kiteteyi Robina and 2 Others (HCCR No. 1 of 2017)

Full judgment

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

Katende_Paskazia_v_Ssengozi_and_Others_(Miscellaneous_Application_No._203_of_2024)_[2024]_UGHCLD_351_(26_February_2024)
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.