Wakilii

Nakamya v Nakityo and 4 Others (Miscellaneous Application No. 1944 of 2021)

High Court · [2021] UGHCLD 185 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased party in pending appeal proceedings
Decision
Applicant substituted as party to pending proceedings; matter to proceed to determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for substitution. Where a party to pending proceedings dies and letters of administration have been granted, the legal representative may be substituted under Order 24 rule 3 of the Civil Procedure Rules to continue prosecuting or defending the matter. The applicant, having obtained letters of administration over the deceased appellant's estate, was entitled to be substituted as the respondent in the pending miscellaneous application.

Outcome

Applicant substituted as party to pending proceedings; matter to proceed to determination

Facts

The late Benna Muwanga was the appellant in Civil Appeal No. 26 of 2016, which was determined in her favour. The respondents subsequently filed Miscellaneous Application No. 2001 of 2018 seeking clarification of the judgment. That application was dismissed on 4 February 2020 but reinstated on 5 May 2021 and remained pending. Benna Muwanga died before the determination of the reinstated application. On 21 September 2021, the applicant, Nakamya Sylvia, obtained letters of administration over the deceased's estate. The applicant then sought to be substituted as a party to prosecute and defend all applications arising from the appeal. The respondents did not object to the application.

Issues

  1. Whether the applicant, as administrator of the deceased appellant's estate, should be substituted as a party to prosecute and defend applications arising from Civil Appeal No. 26 of 2016.

Orders

  • Leave granted to substitute the name of Benna Muwanga (deceased) with that of the applicant, Nakamya Sylvia, as the respondent in Miscellaneous Application No. 2001 of 2018.
  • The court shall proceed to determine Miscellaneous Application No. 2001 of 2018 on the basis of the pleadings.
  • Ruling to be delivered on notice.

Rules and key headnotes

Civil Procedure — Parties — Substitution — Death of Party — Legal Representative
Where a party to pending proceedings dies, the court may, on application, cause the legal representative of the deceased to be made a party and proceed with the suit under Order 24 rule 3(1) of the Civil Procedure Rules.
Succession & Estates — Legal Representation — Powers of Administrator — Locus Standi
Under section 180 of the Succession Act, the executor or administrator of a deceased person is the legal representative for all purposes. After a grant of letters of administration, only the person to whom the grant has been made has power to sue or prosecute any suit or act as the representative of the deceased, pursuant to section 264 of the Succession Act.

Legislation cited (10)

Full judgment

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

Nakamya_v_Nakityo_and_4_Others_(Miscellaneous_Application_No._1944_of_2021)_[2021]_UGHCLD_185_(20_December_2021)
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.