Wakilii

Mbalirwa and Others v Garelnabi and Others (HCT-01-LD-MA 107 of 2025)

High Court · [2025] UGHC 1409 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for letters of administration ad litem arising from death of plaintiff in pending land suit
Decision
Application granted; applicants appointed as administrators ad litem and substituted as plaintiffs in the underlying land suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted letters of administration ad litem to the three applicants (the deceased plaintiff's father, brother, and former attorney-in-fact) limited solely to prosecuting the pending land suit. The grant was made under Section 218 of the Succession Act to prevent abatement of the suit following the plaintiff's intestate death, with the court finding that urgency and family consensus justified bypassing full administration procedures. The applicants were substituted as plaintiffs and the plaint was ordered amended accordingly.

Outcome

Application granted; applicants appointed as administrators ad litem and substituted as plaintiffs in the underlying land suit

Facts

The original plaintiff, Mugume Peter, instituted suit HCT-01-CV-LD-No. 70 of 2013 against the respondents claiming entitlement to renew his lease and/or apply for freehold interest in land formerly LRV 3448 Folio 23 Plot 5, 54 & 52 at Nyakabale Road and Kanimi Close, alleging fraudulent procurement of certificates of title. The suit was pending hearing when Mugume Peter died intestate on 21 January 2025. A family meeting was convened on 23 August 2025, at which the deceased's father, brother, and a person who previously held the deceased's power of attorney were appointed to obtain letters of administration for the purpose of attending to the court case. The three applicants commenced the process for full letters of administration but sought an urgent limited grant to prevent dismissal of the suit for want of prosecution. The respondents filed no opposition to the application.

Issues

  1. Whether the Applicants are entitled to the grant of letters of administration ad litem, limited solely to the purpose of representing the estate of the late Mugume Peter in prosecuting the pending suit HCT-01-CV-LD-No. 70 of 2013, and to be substituted as plaintiffs therein, with consequential amendment of the Plaint.

Orders

  • Letters of Administration ad litem granted to Mbalirwa Joseph Rwakakaiga, Mutegeki Geoffrey Jeff, and Mbalirwa Paul Mugabe, limited solely to representing the estate of the late Mugume Peter in prosecuting HCT-01-CV-LD-No. 70 of 2013, until final decree and execution thereof.
  • The Applicants substituted as Plaintiffs in place of the late Mugume Peter in HCT-01-CV-LD-No. 70 of 2013.
  • The Plaint in HCT-01-CV-LD-No. 70 of 2013 to be amended mutatis mutandis, within 15 days from the date of this Ruling, to reflect the Applicants as administrators ad litem.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Letters of Administration Ad Litem — Statutory Basis and Purpose
Section 218 of the Succession Act empowers the court to grant letters of administration ad litem to a nominee of a party in a suit when it is necessary that the representative of a deceased person be made a party to pending litigation and the executor or person entitled to administration is unable or unwilling to act. Such a grant is limited to representing the deceased in that suit until final decree and execution, and confers no power to distribute the estate.
Succession & Estates — Letters of Administration Ad Litem — Exemption from Full Grant Requirements
A limited grant of administration ad litem under Section 218 of the Succession Act is exempted from the rigorous requirements applicable to full grants, including advertisement, consents from spouses or next-of-kin, and exhaustive probate scrutiny. The exemption exists precisely to expedite representation in judicial forums where urgency demands it.
Succession & Estates — Letters of Administration Ad Litem — Criteria for Grant
An administrator ad litem is appointed only in cases of urgency where waiting for the due processes of law would cause injustice to a party or loss to the estate. The court must scrutinize the evidence to ensure that the person appointed has no adverse interests in the estate and that the appointment is for the good of the estate. The criteria of necessity, nomination, and urgency must coalesce to warrant the grant.
Civil Procedure — Death of Party — Survival of Actions and Substitution
Under Order 24 Rule 1 of the Civil Procedure Rules, the death of a plaintiff does not cause the suit to abate if the cause of action survives. Order 24 Rule 3(1) empowers the court, upon application, to cause the legal representative of the deceased plaintiff to be made a party and to proceed with the suit. The confluence of these rules with Section 218 of the Succession Act creates a harmonious procedural corridor to prevent abatement of meritorious claims.

Legislation cited (9)

Cases cited (3)

  • Winrose Emmah NdindaKiamba v Agnes Nthambi Kasyoka (2021 eKLR)
  • Okway John Kitimba v Oddia Nuru and Another (HCMA No. 39 of 2016)
  • Byomuhangi Christopher v Rugumya Jones (Civil Miscellaneous Application No. 057 of 2023)

Full judgment

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

Mbalirwa and Others v Garelnabi and Others (HCT-01-LD-MA 107 of 2025) [2025] UGHC 1409 (27 November 2025)
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.