Wakilii

Lukwago and Another v Katabula (Miscellaneous Application 216 of 2023)

High Court · [2023] UGHCLD 197 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to substitute parties and revive suit following death of original party
Decision
Applicants substituted as parties and suit revived for continuation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted the unopposed application allowing the applicants, as administrators of the estate of the late Bisase Joseph Bisosonkole, to be substituted as parties and to revive Civil Suit No. 874 of 2017. The court applied the principle that uncontroverted facts in an affidavit are presumed accepted where no reply is filed.

Outcome

Applicants substituted as parties and suit revived for continuation

Facts

The applicants were jointly granted letters of administration for the estate of the late Bisase Joseph Bisosonkole on 14 July 2022. The deceased had been a party to Civil Suit No. 874 of 2017. The applicants, as administrators of the estate, sought to be substituted as parties in place of the deceased and to revive the suit which had been dismissed. The application was filed under relevant provisions of the Civil Procedure Act and Rules. No reply or objection was filed by the respondent. The applicants received service through their counsel.

Issues

  1. Whether the applicants as administrators of the deceased's estate should be substituted as parties to the suit.
  2. Whether the suit should be revived to allow the applicants to proceed as legal representatives of the deceased.

Orders

  • Application granted.
  • Applicants substituted as legal representatives of the late Bisase Joseph Bisosonkole in Civil Suit No. 874 of 2017.
  • Suit revived to allow applicants to proceed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Substitution of Parties — Death of Party — Grant of Letters of Administration
Where a party to a suit dies and letters of administration are granted to administrators of the estate, the administrators may apply to be substituted as parties in place of the deceased to continue the suit.
Civil Procedure — Unopposed Applications — Uncontroverted Affidavit Evidence
Where facts are sworn to in an affidavit and are not denied by the opposite party through filing a reply, the presumption is that the facts are accepted by the opposite party.

Legislation cited (5)

Cases cited (3)

  • Makerere University v St. Mark Education Institute Ltd & Others [1994] KALR 26
  • Eridadi Ahimbisibwe v World Food Programme & Others [1998] KALR 32
  • Kaigesubula Fenekomsi v Luwero District Land Board & Others (Miscellaneous Application No. 367 of 2011)

Full judgment

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

Lukwago_and_Another_v_Katabula_(Miscellaneous_Application_216_of_2023)_[2023]_UGHCLD_197_(11_July_2023)
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.