Robinah Namutebi Miiro v Administrators of the Estate of the Late Godfrey Kiito (Miscellaneous Application 1417 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to appoint Sebayiga Godfrey and Lubulwa Godwin as administrators ad litem for the estate of the late Godfrey Kiito. The court held that where a defendant dies and the cause of action survives, Section 222 of the Succession Act permits the grant of letters of administration limited to the suit where the executor is unable or unwilling to act. The biological sons in physical possession of the suit land were appropriate parties to represent the deceased's estate in the pending land suit.

Outcome

Sebayiga Godfrey and Lubulwa Godwin appointed as administrators ad litem and added as defendants to the main suit

Facts

Robinah Namutebi Miiro, as administrator of an estate, filed Civil Suit No. 526 of 2016 against the estate of the late Godfrey Kiito, seeking an eviction order regarding certain property. Godfrey Kiito (also known as Godfrey Sebunya Kiito) had died in 2012 before the suit was filed. His sons, Sebayiga Godfrey and Lubulwa Godwin, had been attending court proceedings as interested parties but had not secured letters of administration for their father's estate. They were in physical possession and control of the suit property. The applicant sought to have them appointed as administrators ad litem and added as defendants to enable the suit to proceed to hearing and determination.

Issues

1. Whether Sebayiga Godfrey and Lubulwa Godwin can be appointed as administrators ad litem for the purpose of being added as defendants in HCCS 526 of 2016.

Orders

• The plaintiff shall amend the plaint in Civil Suit No. 526 of 2016 and add Sebayiga Godfrey and Lubulwa Godwin as defendants in their capacity as beneficiaries and administrators for the estate of the late Godfrey Kiito for the sole purpose of the proceedings in Civil Suit No. 526 of 2016.
• Sebayiga Godfrey and Lubulwa Godwin are hereby appointed administrators ad litem for the estate of the late Godfrey Kiito for purposes of defending Civil Suit No. 526 of 2016.
• The plaintiff should extract fresh summons to be served on Sebayiga Godfrey and Godwin Lubulwa within 21 days.
• Costs in the main cause.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules Order 24 rule 4(1)
• Civil Procedure Rules Order 24 rule 5
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 3
• Civil Procedure Act s.98
• Succession Act s.222
• Judicature Act s.33

Cases cited (1)

• Okway John Kimbo v Oddia Nuru & Anor (Miscellaneous Application No. 39 of 2016)

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