Wakilii

Sempanda & 2 Ors v U-Turn Services Limited & Anor (Misc. Application No. 841 of 2014)

High Court · [2015] UGHCLD 68 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased plaintiff's legal representatives arising from pending civil suit
Decision
Administrators substituted for deceased plaintiff; suit to continue

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for substitution under Order 22 of the Civil Procedure Rules. The three administrators of the deceased plaintiff's estate, having been duly appointed by grant of letters of administration with the will annexed, were substituted as parties. The cause of action survived the plaintiff's death, and the respondents filed no objection.

Outcome

Administrators substituted for deceased plaintiff; suit to continue

Facts

The plaintiff Godfrey Semakula Sempanda filed Civil Suit No. 397 of 2011 against the respondents. He died on 24 September 2012 while the suit was pending. On 24 March 2014, the applicants were appointed administrators of his estate by grant of letters of administration with the will annexed in Administration Cause No. 922 of 2012. The applicants applied for substitution as parties to the suit under Order 22 of the Civil Procedure Rules. The respondents were served through their advocates but filed no response.

Issues

  1. Whether the applicants, as administrators of the deceased plaintiff's estate, should be substituted as parties to the suit.

Orders

  • Application allowed.
  • Betty Kityo Sempanda, John Kivumu and Moses Mukiibi, being the administrators of the estate of the late Semakula Sempanda, substituted for the plaintiff.
  • Plaint to be amended accordingly.
  • Amended plaint to be filed within seven days from the date of the ruling.
  • Applicants to meet the costs of this application.

Rules and key headnotes

Civil Procedure — Parties — Substitution — Death of Party
The death of a party to a suit does not necessarily cause the cause of action to abate where the cause of action outlives the deceased party.
Civil Procedure — Parties — Substitution — Legal Representatives
Under Order 22 rules 3 and 12 of the Civil Procedure Rules, the legal representatives of the estate of a deceased person who is a party to a suit may, where the cause of action outlives such party, apply to be substituted for such deceased party.
Civil Procedure — Parties — Substitution — Administrators with Will Annexed
Administrators appointed by grant of letters of administration with the will annexed have the mandate to continue with the prosecution of a suit commenced by the deceased.

Legislation cited (4)

Full judgment

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Sempanda & 2 Ors v U-Turn Services Limited & Anor (Misc. Application No. 841 of 2014) [2015] UGHCLD 68 (30 April 2015)
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.