Wakilii

Katende v Ssengonzi and 2 Others (Miscellaneous Application 203 of 2024)

High Court · [2024] UGHCLD 46 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application arising from Civil Suit No. 906 of 2021 to amend the plaint following death of the 2nd plaintiff and for the suit to continue with the surviving plaintiff
Decision
Application granted permitting suit to continue with surviving plaintiff; plaint to be amended to remove deceased 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, the cause of action survives to the surviving plaintiff under Order 24 rule 2 of the Civil Procedure Rules. The court must make an entry recording the death and the suit proceeds at the instance of the surviving plaintiff. Application granted to amend the plaint to remove the deceased 2nd plaintiff and for the suit to continue with the applicant as sole plaintiff.

Outcome

Application granted permitting suit to continue with surviving plaintiff; plaint to be amended to remove deceased plaintiff

Facts

In 2021, two plaintiffs (Katende Paskazia and Elizabeth Namiiro) filed Civil Suit No. 906 of 2021 against three defendants alleging they had jointly purchased land in 2014 but the 1st defendant failed to provide transfer forms and subsequently sold the land to the 2nd defendant who became registered as proprietor. The 2nd plaintiff Elizabeth Namiiro died on 1st June 2023 at St. Francis Hospital Nsambya. She was the applicant's biological sister, a religious nun with no children or spouse. When the suit came up for scheduling, counsel informed the court of the death and sought to amend the plaint to remove the deceased plaintiff so that the applicant could proceed as sole plaintiff. The 1st respondent filed an affidavit in reply opposing the application, alleging the suit was a modification of an earlier abated suit and that a settlement had been reached with partial refund made to the deceased's bank account.

Issues

  1. Whether the death of the 2nd plaintiff abated Civil Suit No. 906 of 2021.
  2. Whether the cause of action survives to the applicant as sole surviving plaintiff.
  3. Whether the plaint should be amended to remove the name of the deceased 2nd plaintiff.

Orders

  • Application granted.
  • Entry made on court record that the 2nd plaintiff Elizabeth Namiiro died on 1st June 2023 at 3:00pm at St. Francis Hospital Nsambya.
  • Cause of action in HCCS No. 906 of 2021 continues and survives to the applicant as sole plaintiff.
  • Plaint in HCCS No. 906 of 2021 to be amended to remove the name of 2nd plaintiff not later than 7th March 2024.
  • Defendants to file amended defences by 3rd April 2024.
  • Main suit (Civil Suit No. 906 of 2021) mentioned on 29th April 2024 at 10.00am for further directions.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Death of Party During Proceedings — Survival of Cause of Action — Joint Plaintiffs
Where there are two or more plaintiffs and one of them dies, and the cause of action survives to the surviving plaintiff or plaintiffs, the court shall cause an entry to that effect to be made on the record and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs under Order 24 rule 2 of the Civil Procedure Rules.
Civil Procedure — Amendment of Pleadings — Death of Party
Order 6 rule 19 of the Civil Procedure Rules empowers the court to amend pleadings at any stage of proceedings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for determining the real questions in controversy between the parties.
Evidence — Affidavit Evidence — Burden of Denial
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_v_Ssengonzi_and_2_Others_(Miscellaneous_Application_203_of_2024)_[2024]_UGHCLD_46_(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.