Wakilii

Namakajo Sewava Habib v Dumba Hassan (Miscellaneous Application 2705 of 2023)

High Court · [2023] UGHCLD 492 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased plaintiff in pending civil suit
Decision
Applicant substituted as plaintiff/counter defendant in place of deceased; matter to proceed with executor on record

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a sole plaintiff dies during pending civil proceedings and the cause of action survives, the court has power under Order 24 rule 3(1) of the Civil Procedure Rules to substitute the deceased with the legal representative holding letters of probate. The executor appointed under a grant of probate is the legal representative empowered to prosecute the suit under sections 180 and 264 of the Succession Act.

Outcome

Applicant substituted as plaintiff/counter defendant in place of deceased; matter to proceed with executor on record

Facts

The applicant is the biological son of the late Sewava Musa, who was the plaintiff and first counter defendant in Civil Suit No. 3182 of 2016. Sewava Musa died testate on 15 December 2022 while the suit and counterclaim were pending. The applicant petitioned the High Court Family Division for letters of probate, and on 8 February 2023 Justice Celia Naggawa granted probate appointing the applicant as executor of the estate. The applicant then sought substitution to continue prosecuting the suit and defending the counterclaim in the deceased's place. The respondent did not oppose the application.

Issues

  1. Whether the applicant should be substituted as the plaintiff/counter defendant in place of the late Sewava Musa in Civil Suit No. 3182 of 2016.

Orders

  • Application granted.
  • Pleadings in Civil Suit No. 3182 of 2016 amended to reflect Namakajo Sewava Habib as plaintiff/counter defendant as administrator of the estate of the late Sewava Musa.
  • Civil Suit No. 3182 of 2016 to be mentioned on 16th January 2024 at 3:00pm to assess compliance with court orders.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Substitution of Parties — Death of Plaintiff — Surviving Cause of Action
Where a sole plaintiff dies and the cause of action survives or continues, the court on application shall cause the legal representative of the deceased plaintiff to be made a party and proceed with the suit pursuant to Order 24 rule 3(1) of the Civil Procedure Rules.
Succession & Estates — Legal Representatives — Powers of Executors — Locus Standi
Under sections 180 and 264 of the Succession Act, the executor or administrator to whom letters of probate or administration have been granted is the legal representative of the deceased and no other person has power to sue or prosecute any suit or act as legal representative until such grant has been recalled or revoked.

Legislation cited (8)

Cases cited (1)

  • Nakamya Sylvia v Nakityo Teddy and Others (Miscellaneous Application No. 1944 of 2021)

Full judgment

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

Namakajo_Sewava_Habib_v_Dumba_Hassan_(Miscellaneous_Application_2705_of_2023)_[2023]_UGHCLD_492_(23_November_2023)
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.