Wakilii

Wanjiko Ssedugge v Nanyonga (Miscellaneous Application 987 of 2023)

High Court · [2023] UGHCLD 461 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for grant of letters of administration ad litem arising from a pending civil suit where the original plaintiff died before final determination
Decision
Letters of administration ad litem granted to applicant limited to prosecution of the main suit with conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a plaintiff dies before final determination of a suit and the cause of action survives, section 222 of the Succession Act permits grant of letters of administration ad litem limited to the suit. The court granted the applicant, the deceased plaintiff's widow and co-executor, letters of administration ad litem limited to prosecuting the pending land suit. The applicant was substituted as plaintiff with leave to amend the plaint, but was restricted from executing any consent judgment or out-of-court settlement without consulting estate beneficiaries or obtaining further court orders.

Outcome

Letters of administration ad litem granted to applicant limited to prosecution of the main suit with conditions

Facts

Paulino Ssedugge died on 4 June 2021 while Civil Suit No. 259 of 2014 was ongoing, with the defendant's evidence still being heard. The applicant is the deceased's sole widow, having married him on 6 May 2005. She was appointed co-executor of his estate under a will dated 20 March 2020 and is a beneficiary entitled to the suit property which was bequeathed to her and her children. An application for letters of probate is pending in the Family Division (Probate and Administration Cause No. 842 of 2022) but has been delayed by issues with obtaining a death certificate and objections from the deceased's son. The applicant sought letters of administration ad litem to continue prosecuting the main suit.

Issues

  1. Whether letters of administration ad litem should be granted to the applicant limited to prosecuting the main suit.
  2. Whether leave should be granted to substitute the applicant as the plaintiff in place of the deceased plaintiff.
  3. Whether leave should be granted to amend the plaint to reflect the substitution.

Orders

  • The applicant is hereby substituted as the plaintiff in the main suit.
  • The applicant shall amend the plaint to indicate the substitution and file the same within fourteen days of this ruling.
  • The applicant is not authorised to execute any consent judgment or out of court settlement unless and until she has fully consulted with the beneficiaries of the estate, with the authority of the administrators of the estate, or until further orders are made by this court.
  • No orders as to costs.

Rules and key headnotes

Administration Ad Litem — Statutory Basis — Section 222 of Succession Act
Section 222 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 person be made a party to the suit and the executor or person entitled to administration is unable or unwilling to act.
Substitution of Parties — Death of Plaintiff — Survival of Cause of Action
Upon the death of a litigant before final determination of a suit, where the cause of action survives the litigant, the court may substitute the legal representative as a party and grant letters of administration ad litem limited to the suit for purposes of representing the deceased in that suit.
Administration Ad Litem — Eligibility — Interest in Estate and Suit
A widow who is both a co-executor and beneficiary of the deceased's estate, and who has a direct interest in the subject matter of a pending suit (being entitled to the suit property), is a proper person to be granted letters of administration ad litem where there is no conflict of interest between her and the deceased regarding the issues to be determined.
Administration Ad Litem — Scope and Limitations — Protection of Estate Interests
Where letters of administration ad litem are granted limited to prosecution of a suit, the administrator may be restricted from executing consent judgments or out-of-court settlements without consulting estate beneficiaries or obtaining the authority of estate administrators or further court orders, to preserve the interests of all beneficiaries.

Legislation cited (6)

Full judgment

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Wanjiko_Ssedugge_v_Nanyonga_(Miscellaneous_Application_987_of_2023)_[2023]_UGHCLD_461_(27_November_2023)
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.