Muyinza Mukasa v Musisi Ssekyaya (H.C.Miscellaneous Application 665 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.
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 dies and the cause of action survives, the court may appoint an administrator ad litem under Succession Act s.222 to represent the deceased's estate. The applicant, who was the deceased's lawful attorney during his lifetime and a family nominee to administer his estate, was a fit and proper person to be appointed administrator ad litem for purposes of prosecuting the suit.
Outcome
Applicant appointed administrator ad litem and substituted as plaintiff; head suit to proceed
Facts
The late Major General Eric Mukasa instituted civil suit HCCS No. 934 of 2019 on 28 October 2019 through the applicant, his sister, acting as his attorney. Before formal hearing commenced, Major General Mukasa died on 2 July 2020. The suit stalled as no family member had been issued with letters of administration. The applicant, one of four family nominees to administer the deceased's estate, applied to be appointed administrator ad litem to represent the deceased and continue prosecuting the suit. The respondent opposed, arguing the applicant had not demonstrated necessity for the appointment.
Issues
- Whether the applicant should be appointed as administrator ad litem to represent the deceased plaintiff in the head suit.
- Whether the applicant should be substituted as plaintiff in place of the deceased.
Orders
- Application allowed.
- Applicant Edith Muyinza Mukasa appointed administrator ad litem, limited for the purpose of representing the late Major General Eric Mukasa in HCCS No. 934 of 2019 and such other causes and suits touching the matters in issue.
- Applicant made a party to the head suit and the deceased's name substituted with her name.
- Pleadings in the suit to be amended within fifteen (15) days from the date of this ruling.
- Head suit fixed for hearing/scheduling on June 20, 2023 at 10am.
- Costs of the application to abide the outcome of the head suit.
Rules and key headnotes
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.