Mwanje George and Others v Namujju Rehema (Miscellaneous Application 2462 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where an administrator dies before beneficiaries can institute proceedings against him for alleged illegalities in dealing with estate property, the court has power under section 218 and 219 of the Succession Amendment Act and Order 52 of the Civil Procedure Rules to appoint a legal representative for the deceased administrator's estate to be sued, enabling beneficiaries to protect their interests and challenge impugned transactions including a consent judgment.
Outcome
Respondent appointed as legal representative for the estate of Senabulya Augustine for purposes of being sued in Civil Suit No. 941 of 2018
Facts
The applicants are beneficiaries to the estate of the late Yowana Mayanja Batista, owner of land in Kyadondo Block 156 plot 7. Senabulya Augustine was granted letters of administration for Yowana Mayanja Batista's estate in Administration Cause No. 906 of 2016. Senabulya Augustine allegedly transferred the suit land into his personal names and dealt with it to his own benefit. He instituted Civil Suit No. 941 of 2018 against the Registered Trustees of Kampala Archdiocese, resulting in a consent judgment awarding him UGX 100,000,000 compensation. Senabulya Augustine died on 26 July 2024 before the applicants could institute proceedings to challenge the consent judgment and transactions. The applicants sought appointment of a legal representative for his estate to enable them to pursue their claims as beneficiaries.
Issues
- Whether the respondent should be appointed as legal representative and administrator ad litem for the estate of the late Senabulya Augustine for purposes of being sued in Civil Suit No. 941 of 2018.
Orders
- Application granted.
- Letters of administration issued appointing the respondent as legal representative of the deceased Senabulya Augustine in respect of Civil Suit No. 941 of 2018.
- Costs in the main cause.
Rules and key headnotes
Legislation cited (6)
- Judicature Act s.37
- Civil Procedure Act s.98
- Succession Amendment Act s.218
- Succession Amendment Act s.219
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.