Wakilii

Namulondo Getrude v Nabirye Adiya (Miscellaneous Application 327 of 2022)

High Court · [2025] UGHC 1522 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for appointment of administrator ad litem following death of a party to ongoing litigation
Decision
Application granted; respondent appointed administrator ad litem; temporary injunction issued to preserve status quo of disputed land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to appoint Nabirye Adiya as administrator ad litem to represent her deceased mother Mukwanga Fatina in ongoing land litigation. The Court held that where a cause of action in land survives the death of a party and there is no legal representative willing or able to act, Letters of Administration Ad Litem may be granted for the limited purpose of continuing the suit. The Court also issued a temporary injunction to preserve the status quo of the disputed land.

Outcome

Application granted; respondent appointed administrator ad litem; temporary injunction issued to preserve status quo of disputed land

Facts

Namulondo Getrude and another filed Civil Suit No.30 of 2012 against Mukwanga Fatina and Kintu Ashraf in the Chief Magistrate's Court claiming ownership of land allegedly owned by their late father. The trial magistrate dismissed the suit on the ground that the court lacked jurisdiction to cancel a certificate of title. The High Court allowed the appeal in Civil Appeal No.70 of 2016, set aside the dismissal, and ordered the matter reinstated for trial. Before the reinstated suit could proceed, Mukwanga Fatina died on 9 March 2021. No legal representative was appointed for her estate. The applicant filed this application seeking appointment of Nabirye Adiya, the deceased's daughter and a beneficiary of the estate, as administrator ad litem to represent the deceased in the ongoing litigation. The respondent admitted she was the deceased's daughter but stated she had no interest in being appointed and was not staying on the land as an administrator but as a beneficiary. The applicant contended that the respondent was constructing a permanent structure on the disputed land.

Issues

  1. Whether sufficient cause has been shown for the Court to exercise its discretion to grant the respondent Letters of Administration Ad Litem making her Administratrix Ad Litem and substituting the deceased 1st respondent in the underlying litigation.

Orders

  • Nabirye Adiya is appointed Administrator ad litem for purposes of representing Mukwanga Fatina in Civil Suit No.30 of 2012 and for execution proceedings in Civil Appeal No.70 of 2016.
  • A temporary injunction is issued against the respondent to preserve the status quo of the land in dispute until the final resolution of Civil Suit No.30 of 2012.
  • The applicant is advised to file a bill of costs granted in Civil Appeal No.70 of 2016 and follow it to its logical conclusion.
  • Costs of this application are awarded to the applicant.

Rules and key headnotes

Letters of Administration Ad Litem — Power of Court to Grant — Requirements
Section 218 of the Succession Act read with Section 37 of the Judicature Act and Section 98 of the Civil Procedure Act empower a court to grant Letters of Administration Ad Litem for the limited purpose of representing a deceased party in a suit where the executor or person otherwise entitled to administration is unable or unwilling to act.
Death of Party — Survivability of Cause of Action — Land Matters
A cause of action concerning ownership of land survives the death of a party and does not automatically cause the suit to abate; the cause of action may pass to surviving beneficiaries for continuation of the litigation.
Affidavit Evidence — Failure to Rebut — Effect
Where facts are sworn in an affidavit and are not denied or rebutted, the presumption is that such facts are admitted.
Administrator Ad Litem — Grant Despite Lack of Consent — Where Beneficiary Utilising Disputed Property
Where a beneficiary of a deceased party's estate is utilising disputed property and objects to being appointed administrator ad litem, but there is no other legal representative willing to act, the court may grant Letters of Administration Ad Litem to ensure the suit does not abate and to prevent prejudice to other parties.

Legislation cited (7)

Cases cited (2)

  • Okway John Kimbo v Oddi Nurru and Another (High Court Civil Suit No. 0031 of 2013)
  • Samwiri Massa v Rose Achen (1978) HCB 297

Full judgment

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

Namulondo Getrude v Nabirye Adiya (Miscellaneous Application 327 of 2022) [2025] UGHC 1522 (13 March 2025)
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.