Nile Breweries Limited v Emmanuel Binyerere (Civil Appeal 56 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Appeal abated under Order 24 Rule 4(3) of the Civil Procedure Rules where the sole respondent died and the appellant failed to make an application to substitute the legal representative of the deceased as a party within the time limited by law, despite being aware of the death and the grant of letters of administration.
Outcome
Appeal abated due to death of sole respondent and failure to substitute legal representative
Facts
Nile Breweries Limited sued Emmanuel Binyerere in the Chief Magistrate's Court of Mbarara claiming two branded coolers it alleged belonged to it and had been stored with its distributor, Muhwezi Mugisha trading as Rugoma Traders, who was the respondent's tenant. The respondent held the coolers when the tenant was shifting premises, contending they belonged to his tenant Tumwine Wilson. The trial magistrate dismissed the suit on 4 October 2019, finding the appellant failed to prove its case and that there was no proper cause of action given the lack of direct relationship between the parties. The appellant appealed. During the appeal proceedings, the respondent died on 23 December 2022. Letters of administration were granted to his estate. The appellant was aware of the death but did not apply under Order 24 Rule 4(1) of the Civil Procedure Rules to substitute the legal representative as a party.
Issues
- Whether the appeal abated following the death of the respondent and failure to substitute the legal representative within the time limited by law.
Orders
- Appeal abates under Order 24 Rule 4(3) of the Civil Procedure Rules.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.