Wakilii

Samuel Sserwanga v Annet Muhindi Kigonya (Civil Application No. 607 of 2026)

Court of Appeal · [2026] UGCA 162 · 2026 Application Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to appoint an administrator ad litem to substitute a deceased appellant and enable completion of a pending civil appeal
Decision
Application allowed; the Respondent appointed administrator ad litem of the late Tom Kaaya's estate limited to prosecuting Civil Appeal No. 102 of 2014

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an uncontested application, the Court of Appeal held that an appeal does not abate on the death of a party (Rule 97, Judicature (Court of Appeal) Rules) and that, under section 218 of the Succession Act, a limited grant of administration may be made to a nominee of a party where the person entitled to administration is unable or unwilling to act, so as to enable a deceased party to be represented in a pending suit. Satisfied that Civil Appeal No. 102 of 2014 was long pending, that the deceased 1st Appellant had no administrator, and that the Respondent (his widow) was the proper person, the Court appointed her administrator ad litem limited to prosecuting that appeal.

Outcome

Application allowed; the Respondent appointed administrator ad litem of the late Tom Kaaya's estate limited to prosecuting Civil Appeal No. 102 of 2014

Facts

Tom Kaaya and Stanley Ndyabahika filed Civil Appeal No. 102 of 2014 challenging a High Court decision in which Namatovu Margaret was the successful party. After interparty scheduling, the 1st Appellant, Tom Kaaya, died, as did Namatovu Margaret, the Respondent in the appeal. Samuel Sserwanga, administrator of Namatovu Margaret's estate, had earlier been substituted for the deceased Respondent. The estate of Tom Kaaya had no administrator owing to disagreement in the family; his widow, Annet Muhindi Kigonya, had attempted to obtain a grant but met resistance from family members. Counsel formerly acting for the deceased 1st Appellant withdrew for lack of instructions after the widow failed to cooperate. The Court directed a formal substitution application. The Applicant brought this application to have the widow appointed administrator ad litem so that the long-pending appeal could be completed. The Respondent was served personally and via phone, but did not attend; the Court proceeded ex parte.

Issues

  1. Whether the Court should appoint the Respondent as administrator ad litem of the estate of the deceased 1st Appellant, limited to prosecuting the pending appeal, under section 218 of the Succession Act.
  2. Whether a pending appeal abates on the death of an appellant and whether the Court may substitute the legal representative of the deceased.

Orders

  • The application is allowed.
  • Annet Muhindi Kigonya is appointed Administrator ad litem in respect of the estate of the late Tom Kaaya, limited to prosecuting Civil Appeal No. 102 of 2014 before this Court.
  • The Respondent Administrator ad litem be served with this Ruling and an extract order.
  • The Applicant shall meet his own costs.

Rules and key headnotes

Succession & Estates — Limited Grants — Administration ad litem under section 218 of the Succession Act
Where it is necessary that a deceased person be represented in a pending suit and the person entitled to administration is unable or unwilling to act, the court may grant letters of administration to a nominee of a party in the suit, limited to representing the deceased in that suit until a final decree is made and carried into execution.
Civil Procedure — Substitution of deceased party — Rule 97, Judicature (Court of Appeal) Rules
An appeal does not abate on the death of any appellant or respondent; the court shall, on the application of any interested person or of its own motion, cause the legal representative of the deceased to be made a party in place of the deceased.
Succession & Estates — Limited Grants — Parameters for issuance under section 218
An applicant invoking section 218 of the Succession Act must show that there is a pending suit, that it is necessary for a representative of the deceased to be made a party, and that the grant of administration is limited to the purpose of representing the deceased in that suit until the final decree; consent to a special limited grant of representation is not mandatory.

Legislation cited (5)

Cases cited (2)

  • Henry Mukasa Mawangala and 2 Others v George William Bule (Civil Application No. 1008 of 2012)
  • Winrose Emmah Ndinda Kiamba v Agnes Nthambi [2021] eKLR

Full judgment

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

Samuel Sserwanga v Annet Muhindi Kigonya (Civil Application No. 607 of 2026) [2026] UGCA 162 (23 April 2026)
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.