Waira v Okalang &Anor (HCT-04-CV-MA-0062-2010)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application struck out with costs. The court held that where a defendant dies and no application is made to substitute his legal representative, the suit abates against that defendant under CPR O.24 r.4. Further, an application filed without the mandatory accompanying documents required by CPR O.6 r.2 violates the rules and cannot proceed.
Outcome
Application struck out for non-compliance with procedural requirements and abatement against deceased respondent
Facts
The applicant Erizefani Waira filed an application against two respondents arising from original Pallisa Civil Suit No. 54 of 2003. The first respondent, Clement Okalang, had died 3 or 4 years prior to the hearing. No application had been made to substitute his legal representative. Additionally, the application was not accompanied by a summary of evidence, list of authorities, or list of documents as required by the Civil Procedure Rules.
Issues
- Whether the application can be sustained against the first respondent who is deceased without substitution of his legal representative.
- Whether the application complied with the mandatory requirements of Civil Procedure Rules O.6 r.2 regarding supporting documents.
Orders
- The notice of motion is struck out with costs.
Rules and key headnotes
Legislation cited (2)
- Civil Procedure Rules O.24 r.4
- Civil Procedure Rules O.6 r.2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.