Wakilii

Twebaze v MTN (U) Ltd and Others (HCT-01-LD-MA-0079-2025)

High Court · [2025] UGHC 1143 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substitution of deceased plaintiff with administrator of estate in pending land suit
Decision
Applicant substituted as plaintiff in place of deceased; underlying land suit to proceed with amended pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a plaintiff in a land suit dies during pendency and the cause of action survives, the court must substitute the legal representative of the deceased as a party before proceeding. The applicant, having been granted Letters of Administration, satisfied all conditions for substitution under Order 24 Rule 3(1) and Order 1 Rule 13 of the Civil Procedure Rules. Application granted; deceased plaintiff struck off and administrator substituted.

Outcome

Applicant substituted as plaintiff in place of deceased; underlying land suit to proceed with amended pleadings

Facts

Zaverio Ndabahwereze Byabagambi, as Administrator of the Estate of the late Makisimu Ndabahwereze, instituted Civil Suit No. HCT-01-CV-CS-LD-010-2020 against the respondents claiming ownership of land. Zaverio died on 23 January 2025 during the pendency of the suit. The family notified the court through their lawyers. On 9 May 2025, Letters of Administration were granted to Twebaze Frederick, the deceased's son, authorising him as lawful representative of the estate. On 2 July 2025, Twebaze applied to be substituted as plaintiff. The respondents did not oppose the application.

Issues

  1. Whether there is a suit pending before the court.
  2. Whether the cause of action in the suit survived the death of the plaintiff.
  3. Whether the applicant has presented the application in his capacity as the administrator of the estate of the deceased.

Orders

  • The name of the Plaintiff, Zaverio Ndabahwereze Byabagambi (now deceased), in Civil Suit No. HCT-01-CV-CS-LD-010-2020, is hereby struck off the record.
  • Twebaze Frederick, as the administrator and legal representative of the deceased's estate, is hereby substituted as the new Plaintiff on the record.
  • The Pleadings in HCT-01-CV-CS-LD-010-2020 shall all be amended within 30 days from the date of this Ruling to reflect the above changes.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Substitution of Parties — Death of Plaintiff — Survival of Cause of Action
Where a plaintiff dies during the pendency of a suit and the cause of action survives, the suit does not abate. The court must, upon application, cause the legal representative of the deceased plaintiff to be made a party and proceed with the suit.
Land & Property — Survival of Cause of Action — Land Disputes
Causes of action related to property rights, including land disputes, survive the death of a party. Unlike personal claims such as defamation, a claim concerning ownership of land is a right that can be passed on to legal heirs and representatives.
Succession & Estates — Legal Representative — Letters of Administration — Standing to Sue
A legal representative formally appointed by grant of Letters of Administration is the only person who can be a party to a suit on behalf of a deceased's estate. The grant of Letters of Administration confers the necessary legal standing to take over a suit from the deceased.
Civil Procedure — Substitution of Parties — Conditions for Grant
The conditions for substitution of a deceased party are: (1) there is a suit pending; (2) the cause of action survived the death of the plaintiff or defendant; and (3) the applicant presents the application in his or her capacity as administrator of the estate of the deceased.

Legislation cited (7)

Cases cited (4)

  • Abdala v Agony (Miscellaneous Civil Application No. 67 of 2017)
  • Sarah Natolo v Nsubuga Francis and Others (Civil Suit No. 412 of 2018)
  • Mumuni & Ors vs. Adamu & Ors (262 of 2004) [2006]
  • Amrit Goyal v Hari Chand Goyal and 3 Others (Court of Appeal Civil Application No. 109 of 2004)

Full judgment

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

Twebaze v MTN (U) Ltd and Others (HCT-01-LD-MA-0079-2025) [2025] UGHC 1143 (22 September 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.