Wakilii

Ntula & Another v Ssali & Another (Miscellaneous Application 107 of 2023)

High Court · [2024] UGHC 305 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary grant of letters of administration ad litem arising from pending civil suit
Decision
Applicants appointed as administrators ad litem to continue the suit on behalf of the deceased plaintiff's estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted letters of administration ad litem under s.222 of the Succession Act, appointing the applicants as administrators ad litem to continue Civil Suit No. 95 of 2023 following the death of the original plaintiff during pre-trial proceedings. The provision allows temporary appointment where the deceased's family is unwilling or unable to take out letters of administration, preventing delay in pending litigation.

Outcome

Applicants appointed as administrators ad litem to continue the suit on behalf of the deceased plaintiff's estate

Facts

Muwonge Frasisco died on 15 October 2023 during pre-trial processes of Civil Suit No. 95 of 2023. He was buried at Kiyimba village, Kyotera on 16 October 2023. The applicants sought temporary letters of administration ad litem to continue the suit on behalf of the deceased's estate. The applicants contended that the process of obtaining full letters of administration by the deceased's family would delay resolution of the pending suit. The respondents failed to enter appearance despite service, and the court granted the applicants leave to proceed ex parte.

Issues

  1. Whether the court should grant letters of administration ad litem to enable the applicants to continue a suit on behalf of a deceased plaintiff's estate.

Orders

  • The Applicants are hereby appointed administrators ad litem in respect to Civil Suit No. 95 of 2023.
  • The deceased Plaintiff is hereby substituted with the Applicants as administrators ad litem in respect to Civil Suit No. 95 of 2023.
  • An amendment to the pleadings is allowed in the above terms.
  • The Costs of this Application will be in the Cause.

Rules and key headnotes

Civil Procedure — Letters of Administration Ad Litem — Death of Party During Proceedings
Section 222 of the Succession Act permits a party to a suit or a person intending to institute one to apply for the appointment of an administrator pendente lite for purposes of defending or continuing a suit where members of the deceased's family are unwilling to take out letters of administration.
Succession & Estates — Administration — Temporary Grant Pendente Lite — Purpose and Availability
A temporary grant of letters of administration ad litem is available to enable continuation of a suit on behalf of a deceased's estate, preventing delay in pending litigation where the deceased's family is not immediately pursuing full letters of administration.

Legislation cited (1)

Full judgment

↓ Download PDF

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

Ntula & Another v Ssali & Another (Miscellaneous Application 107 of 2023) [2024] UGHC 305 (15 January 2024)
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.