Wakilii

Tinkibasa v Tukahirwa & Another (Miscellaneous Application 7 of 2023)

High Court · [2024] UGHC 839 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for grant of letters of administration ad litem arising from a civil suit determined in favour of now-deceased defendants
Decision
Respondents appointed as administrators ad litem to represent the deceased in the intended appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the applicant's ex parte application appointing the respondents as administrators ad litem under section 218 of the Succession Act. The respondents, biological children of the deceased defendants, were in occupation of the suit land and had not opposed the application or taken steps to obtain letters of administration. The court distinguished cases holding that persons cannot be compelled to be legal representatives, noting the respondents were direct beneficiaries actively using the property and their non-participation indicated they did not oppose the grant.

Outcome

Respondents appointed as administrators ad litem to represent the deceased in the intended appeal

Facts

The applicant sued Kafungwire Julita and Tumubwine Joy in Civil Suit No. 49 of 2015 before the Chief Magistrate's Court at Kabale. Both defendants died shortly before judgment was delivered in their favour. The applicant wished to appeal the judgment but required legal representatives for the deceased to be made parties to the appeal. The respondents, biological children of the deceased, were in active occupation and use of the suit land. Despite being properly served, the respondents did not file a reply or appear, though the applicant averred they were unwilling to act promptly in obtaining letters of administration for their deceased parents' estates.

Issues

  1. Whether the respondents should be appointed administrators ad litem to represent the deceased defendants in an intended appeal.
  2. Whether the court may grant letters of administration ad litem to persons who have not themselves applied for such grant.

Orders

  • Tukahirwa Ben and Ahimbisibwe Vito are hereby appointed Administrators ad litem for purposes of representing Kafungwire Julita and Tumubwine Joy in the intended appeal arising from Civil Suit No. 0049 of 2015.
  • Each party shall bear their own costs.

Rules and key headnotes

Letters of Administration Ad Litem — Grant to Party's Nominee
Under section 218 of the Succession Act, where it is necessary that the representative of a deceased person be made party to a pending suit and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in the suit, limited for the purpose of representing the deceased in that suit.
Ex Parte Proceedings — Effect of Non-Participation
Where a respondent is properly served with an application but fails to file a reply or enter appearance, the court may presume the respondent does not oppose the application, and all allegations of fact in the applicant's affidavit not rebutted shall be taken as admitted.
Administration Ad Litem — Distinguishing Compulsion to Act as Legal Representative
While persons generally cannot be compelled to act as legal representatives, where proposed administrators are direct beneficiaries of a judgment, are in active occupation of the suit property, have taken no steps to obtain letters of administration themselves, and do not oppose the application for their appointment as administrators ad litem, the court may appoint them to represent the deceased for purposes of an appeal.

Legislation cited (6)

Cases cited (4)

  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Okway John Kimbo v Oddi Nurru and Another (High Court Civil Suit No. 31 of 2013)
  • Ssalongo Nuwanga George v Nasser Abdu Ssebagala (Miscellaneous Application No. 578 of 2021)
  • Galukanda Kiganda Michael v Rechael Nakirya Kibirige and 3 Others (Miscellaneous Application No. 23 of 2023)

Full judgment

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

Tinkibasa v Tukahirwa & Another (Miscellaneous Application 7 of 2023) [2024] UGHC 839 (5 September 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.