Wakilii

Komuhenda and 9 Others v Mugisa and Anor (Consolidated Civil Suit 33 of 2020; Consolidated Civil Suit 65 of 2021)

High Court · [2024] UGHC 262 · 2024 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to amended plaint in consolidated civil suits
Decision
Preliminary objection dismissed; consolidated suits to proceed on merit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that where a plaintiff dies during the pendency of consolidated suits and the cause of action survives to the remaining plaintiffs, an amended plaint excluding the deceased plaintiff does not offend Order 1 Rule 10(2) of the Civil Procedure Rules. Order 24 Rule 2 governs the continuation of suits where a party dies and the cause of action survives to the remaining parties. The preliminary objection was overruled and the consolidated suits were allowed to proceed.

Outcome

Preliminary objection dismissed; consolidated suits to proceed on merit

Facts

The plaintiffs filed two civil suits (Civil Suit No. 33 of 2020 and Civil Suit No. 65 of 2021) seeking declarations concerning land belonging to the estate of the late Yovita Kagoro. The original plaintiff in both suits included Imelda Banura as the first plaintiff. The two suits were later consolidated. During the pendency of the consolidated suits, Imelda Banura died. When counsel for the plaintiffs filed an amended plaint, Imelda Banura was omitted from the list of plaintiffs. Counsel for the first defendant raised a preliminary objection that the omission offended Order 1 Rule 10(2) of the Civil Procedure Rules because it was done without leave of court. All plaintiffs, including the deceased Imelda Banura, had filed the suits in their capacity as beneficiaries of the late Yovito Kagoro, with no independent claims.

Issues

  1. Whether the amended plaint in consolidated Civil Suits Nos. 33 of 2020 and 65 of 2021 should be struck out for offending Order 1 Rule 10(2) of the Civil Procedure Rules.

Orders

  • Preliminary objection overruled.
  • Consolidated Civil Suits Nos. 33 of 2020 and 65 of 2021 shall proceed against the defendants.
  • Matter fixed for mention on 6 September 2024 at 9:00 am.

Rules and key headnotes

Civil Procedure — Death of Party — Amendment of Pleadings — Application of Order 24 Rule 2
Where a plaintiff dies during the pendency of a suit and the cause of action survives to the remaining plaintiffs, Order 24 Rule 2 of the Civil Procedure Rules governs the continuation of the suit, not Order 1 Rule 10(2) concerning amendment of pleadings.
Civil Procedure — Death of Party — Survival of Cause of Action — Multiple Plaintiffs
Where there are multiple plaintiffs who sue jointly as beneficiaries of an estate with no independent claims, and one plaintiff dies, the cause of action survives to the remaining plaintiffs and the suit may proceed without the deceased plaintiff being named in amended pleadings.

Legislation cited (3)

Cases cited (1)

  • Walimu Cooperatives Savings & Credit Union v Okumu Benjamini and Another (Misc. Application No. 101 of 2022)

Full judgment

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

Komuhenda and 9 Others v Mugisa and Anor (Consolidated Civil Suit 33 of 2020; Consolidated Civil Suit 65 of 2021) [2024] UGHC 262 (29 April 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.