Wakilii

Kiiza Yusuf and Another v Wafula John Buluma and Another (Miscellaneous Application No. 1112 of 2024)

High Court · [2024] UGHCLD 339 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for substitution of parties following death of plaintiff in pending civil suit
Decision
Applicants substituted as plaintiffs; main suit to proceed to mention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Where a sole plaintiff in a pending civil suit dies before determination and letters of administration are granted to administrators of the estate, the court will order substitution of the administrators as plaintiffs in place of the deceased under Order 24 rule 3(1) of the Civil Procedure Rules upon proof of death and grant of letters.

Outcome

Applicants substituted as plaintiffs; main suit to proceed to mention

Facts

The plaintiff Noor Juma Jadden filed Civil Suit No. 741 of 2020 in the Land Division of the High Court. The plaintiff died on 22nd October 2022 before determination of the suit. Letters of administration for the estate of the deceased were granted to Kiiza Yusuf and Birungi Abdul by Justice Kabanda via Family Division Administration Cause No. 710 of 2023 on 8th November 2023. The administrators then filed this application seeking to be substituted as plaintiffs in the pending civil suit in place of the deceased.

Issues

  1. Whether the applicants should be substituted as plaintiffs in Civil Suit No. 741 of 2020 following the death of the original plaintiff and their grant of letters of administration.

Orders

  • An order is issued that the pleadings in Civil Suit No. 741 of 2020 be amended to substitute the late Noor Juma Jadden with the applicants as administrators of the deceased as plaintiffs.
  • Costs shall be determined in the main cause.
  • The main suit shall be mentioned on 13th March 2025 at 1:00 pm.
  • Counsel for the applicants should serve a hearing notice on the defendants together with the amended pleadings.

Rules and key headnotes

Civil Procedure — Parties — Substitution — Death of Party
Where a sole plaintiff in a pending civil suit dies before determination and letters of administration are granted to administrators of the estate, the court has power under Order 24 rule 3(1) of the Civil Procedure Rules to order substitution of the administrators as plaintiffs in place of the deceased upon proof of death and the grant of letters.

Legislation cited (3)

Full judgment

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

Kiiza_Yusuf_and_Another_v_Wafula_John_Buluma_and_Another_(Miscellaneous_Application_No._1112_of_2024)_[2024]_UGHCLD_339_(17_October_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.