Wakilii

Mwesiga Mary and Another v Marihera George (Civil Appeal No. 052 of 2017; Civil Suit No. 247 of 2008; M1SC APPLICATION NO. 1886 OF 2025)

High Court · [2026] UGHCLD 47 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased judgment creditor by his administrators following dismissal of appeal
Decision
Application for substitution dismissed; applicants advised to follow execution rules and Succession Act provisions for awards made by trial court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a respondent dies before judgment is delivered in an appeal and no application is made under Order 24 Rule 4(1) of the Civil Procedure Rules to substitute the legal representative, the appeal abates as against the deceased respondent. The administrators cannot be substituted after judgment has been delivered. The proper remedy for awards made by the trial court before death is to follow execution rules and the Succession Act provisions.

Outcome

Application for substitution dismissed; applicants advised to follow execution rules and Succession Act provisions for awards made by trial court

Facts

Mwesigwa Barnabas and three others successfully sued Marihera George in the Chief Magistrate's Court for blocking an access road. Judgment was entered on 20 December 2016 awarding general damages of UGX 3,000,000 plus costs. Marihera appealed to the High Court (Civil Appeal No. 052 of 2017). Mwesigwa Barnabas died on 19 September 2023, ten months before the High Court delivered judgment on 31 July 2024 dismissing the appeal. No application was made to substitute Mwesigwa's legal representatives during the appeal. On 11 April 2024, Mwesiga Mary and Kembabazi Barbra were granted letters of administration to Mwesigwa's estate. In 2025, they applied to be substituted as judgment creditors and to amend the decree accordingly.

Issues

  1. Whether sufficient cause has been shown to warrant substitution of a deceased judgment creditor by his administrators where the judgment creditor died before judgment was delivered and no application was made under Order 24 Rule 4(1) of the Civil Procedure Rules.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Abatement — Death of Party — Effect of Failure to Apply for Substitution
Where a respondent in an appeal dies before judgment is delivered and no application is made under Order 24 Rule 4(1) of the Civil Procedure Rules to substitute the legal representative, the appeal abates as against the deceased respondent pursuant to Order 24 Rule 4(3).
Civil Procedure — Substitution — Timing — Post-Judgment Application
An application to substitute the legal representatives of a deceased party cannot be granted after judgment has been delivered where no application was made during the pendency of the proceedings. The window for substitution closes once the appeal is disposed of.
Succession & Estates — Administrators Pendente Lite — Application During Litigation
Where a party dies during pending litigation, the proper course is for the legal representatives to apply under section 214 of the Succession Act to be joined as administrators pendente lite while the litigation is underway, rather than seeking substitution after judgment.

Legislation cited (7)

Cases cited (1)

  • Amrit Goyal v Hari Chand Goyal & 3 Others (Civil Application No. 109 of 2004)

Full judgment

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

Mwesiga_Mary_and_Another_v_Marihera_George_(Civil_Appeal_No._052_of_2017;_Civil_Suit_No._247_of_2008;_M1SC_APPLICATION_NO._1886_OF_2025)_[2026]_UGHCLD_47_(27_February_2026)
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.