Wakilii

Samwuel Galiwango and Others v Edith Nalwanga and Others (Misc. Application No. 278 of 2025)

High Court · [2025] UGHCFD 37 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application arising from Civil Suit No. 343 of 2018 seeking leave to amend pleadings and substitute deceased parties
Decision
Application granted; deceased parties substituted; main suit to continue with amended pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to substitute deceased parties in ongoing civil proceedings. Where a defendant dies during the pendency of a suit and the cause of action survives, the court must substitute the legal representatives of the deceased. The administrators of the late Joyce Rita Ziribagwa Kamya's estate were substituted as defendants in place of the deceased. Where a plaintiff dies but the cause of action survives to the remaining plaintiffs, the deceased plaintiff may be struck off the plaint and the suit continues with the surviving plaintiffs.

Outcome

Application granted; deceased parties substituted; main suit to continue with amended pleadings

Facts

The applicants are beneficiaries of the estate of the late Paulo Bakunga who filed Civil Suit No. 343 of 2018 against administrators of the estate and Joyce Rita Ziribagwa Kamya. During the pendency of the main suit, Joyce Rita Ziribagwa Kamya (4th defendant) died in March 2024. Letters of administration to her estate were subsequently issued to her three children including Ntege Dennis (5th respondent) vide Administration Cause 1408 of 2024. Janat Nansubuga, the 4th plaintiff in the main suit, also passed away during the pendency of the suit. The applicants sought leave to amend the pleadings to substitute the deceased defendant with her legal representatives and to strike off the deceased plaintiff. The application was undefended. During hearing, the applicants withdrew the application against the 1st-4th respondents and maintained it only against the 5th respondent.

Issues

  1. Whether the late Joyce Rita Ziribagwa Kamya's son Ntege Dennis can be appointed the late Joyce Rita Ziribagwa Kamya's legal representative for the purpose of pursuing Civil Suit No. 343 of 2018.
  2. Whether the late Janat Nansubuga can be struck off as plaintiff in the main suit.

Orders

  • The application is allowed.
  • The 4th defendant in HCCS No. 343 of 2018 Late Joyce Rita Ziribagwa Kamya is substituted with the holders of letters of Administration issued vide Administration Cause No. 1408 of 2024 being Musisi Enock Stephen (son), Ntege Dennis Abraham (son) and Kamya Flavia Lydia (daughter).
  • An entry be entered on the court record that Janat Nansubuga died and has been struck off the plaint in HCCS No. 343 of 2018 as the 4th plaintiff.
  • The cause of action in HCCS No. 343 of 2018 continues and survives to the 1st-3rd plaintiff.
  • The applicants are granted leave under Order 6 rule 19 of the Civil Procedure Rules to make necessary amendments to the pleadings in Civil Suit No. 343 of 2018 to remove Janat Nansubuga as 4th plaintiff and substitute the Late Joyce Rita Ziribagwa Kamya as 4th defendant with the Administrators of her estate.
  • Civil Suit No. 343 of 2018 shall be mentioned on the 16th September 2025 at 12.30pm.
  • There shall be no order for costs.

Rules and key headnotes

Civil Procedure — Death of Party — Substitution of Legal Representatives — Deceased Defendant
Where a defendant dies during the pendency of a suit and the cause of action survives, the court shall cause the legal representatives of the deceased defendant to be made a party and shall proceed with the suit.
Succession & Estates — Letters of Administration — Limited Grant for Pending Suit
Section 218 of the Succession Act permits the grant of letters of administration limited to a pending suit where it is necessary that the representative of a deceased be made a party to the suit and the executor or person entitled to administration is unable or unwilling to act.
Succession & Estates — Legal Representatives — Rights and Liabilities of Deceased
Administrators of a deceased's estate are the legal representatives of the deceased and all the rights and liabilities of the deceased vest in the administrators.
Civil Procedure — Death of Party — Survival of Cause of Action — Deceased Plaintiff
The death of a plaintiff shall not cause the suit to abate if the cause of action survives or continues. Where one of several plaintiffs dies but the cause of action survives to the remaining plaintiffs, the court shall make an entry on the record and the suit shall proceed with the surviving plaintiffs.
Civil Procedure — Amendment of Pleadings — Substitution of Parties
The court may at any stage of proceedings allow either party to amend pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

Legislation cited (15)

Cases cited (2)

  • Okway John Kimbo v Oddia Nuru and Another (HCMA No. 39 of 2016)
  • John Kaye v Attorney General (Constitutional Court Application No. 25 of 2012)

Full judgment

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

Samwuel Galiwango and Others v Edith Nalwanga and Others (Misc. Application No. 278 of 2025) [2025] UGHCFD 37 (4 July 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.