Wakilii

Mwesiga Mary and Another v Marihera George [2026] UGHCLD 47

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application by notice of motion, heard ex parte, seeking substitution of a deceased judgment creditor by administrators of his estate and amendment of the judgment and decree in a concluded civil appeal
Decision
Application for substitution and amendment of the judgment and decree dismissed; applicants left to enforce the trial court's awards through ordinary execution procedure and the Succession Act

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed an application by administrators to be substituted for a deceased party in a concluded civil appeal and to have the judgment and decree amended. Under Order 24 rule 4(3) of the Civil Procedure Rules, where no application is made within the time limited by law to bring the legal representative of a deceased party onto the record, the proceedings abate as against that party; the appeal here had therefore abated as against the deceased, who died ten months before judgment, and the posthumous award of costs to him was made in error. Letters of administration obtained after judgment could not revive the abated proceedings; the administrators should have sought joinder pendente lite under section 214 of the Succession Act while the litigation was pending.

Outcome

Application for substitution and amendment of the judgment and decree dismissed; applicants left to enforce the trial court's awards through ordinary execution procedure and the Succession Act

Facts

Mwesigwa Barnabas and three other plaintiffs sued Marihera George in the Chief Magistrate's Court of Nakawa (Civil Suit No. 0247 of 2008), alleging that he had blocked an access road they used to reach the public highway by heaping building materials on it. On 20 December 2016 the trial Chief Magistrate found that the access road existed and had been blocked, ordered Marihera to vacate it, and awarded UGX 3,000,000 general damages plus costs to the plaintiffs. Marihera appealed to the High Court (Civil Appeal No. 052 of 2017). While that appeal was pending, Mwesigwa Barnabas died on 19 September 2023. No application was made to bring his legal representative onto the record. The High Court dismissed the appeal by judgment dated 31 July 2024, upheld the Chief Magistrate's orders and awarded the costs of the appeal to the respondents, including the deceased. The applicants, the deceased's widow and daughter, obtained letters of administration on 11 April 2024 and, in 2025, applied to be substituted as judgment creditors and for the judgment and decree to be amended accordingly. The respondent, though served, filed no reply and the matter proceeded ex parte.

Issues

  1. Whether sufficient cause was shown to warrant substitution of a deceased judgment creditor by the administrators of his estate in a concluded civil appeal.
  2. Whether an appeal abates as against a party who dies before judgment where no application for substitution of his legal representative is made within the time limited by law.
  3. Whether the judgment and decree in the concluded appeal could be amended to reflect the administrators in place of the deceased.

Orders

  • Application dismissed.
  • No order as to costs, the respondent not having filed any answer to the application.
  • The applicants are advised to pursue the awards made by the trial Chief Magistrate's Court in Civil Suit No. 0247 of 2008 through the execution rules and procedure and the provisions of the Succession Act.

Rules and key headnotes

Civil Procedure — Death of a Party — Abatement under Order 24 rule 4(3) of the Civil Procedure Rules
Where a party dies during proceedings and no application is made within the time limited by law to bring his legal representative onto the record, the proceedings abate as against that deceased party and survive only against or in favour of the remaining parties.
Civil Procedure — Substitution of Parties — Application Made after Final Judgment
An application to substitute the legal representatives of a deceased party cannot be entertained after final judgment has been delivered, because the window for substitution closes once the proceedings have been disposed of and have abated as against the deceased.
Civil Procedure — Judgments and Decrees — Award Made in Favour of a Party Already Deceased
An award of costs made in favour of a party who had died before judgment, and in respect of whom the proceedings had already abated, is made in error and confers no enforceable entitlement on his estate.
Succession & Estates — Administration Pendente Lite — Section 214 of the Succession Act
Persons interested in the estate of a party who dies during pending litigation should seek appointment and joinder as administrators pendente lite under section 214 of the Succession Act while the litigation is underway; letters of administration obtained after judgment cannot retrospectively cure abatement.
Succession & Estates — Devolution of Judgment Awards — Awards Made before Death
Awards made in favour of a party by a court while that party was still alive devolve to his estate on death and may be realised by the administrators through the ordinary rules of execution and the provisions of the Succession Act.

Legislation cited (9)

Cases cited (1)

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

Full judgment

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Mwesiga Mary and Another v Marihera George [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.