Wasike v Bugisu Welfare Association & 37 Others (Miscellaneous Application 36 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that an administrator ad litem may be appointed under section 218 of the Succession Act to represent a deceased's estate in post-judgment proceedings where the co-administrator has died, even if the appointment should technically have been sought during the hearing. The court granted the application appointing Wasike Patrick as administrator ad litem and extended time to file an appeal, finding sufficient cause in the Applicant's inability to act without proper letters of administration following his co-administrator's death.

Outcome

Application granted; applicant appointed administrator ad litem and granted extension of time to appeal

Facts

Wasike Patrick applied to be appointed administrator ad litem for the estate of Sabastian Wetaka and for extension of time to appeal Civil Appeal No. 102 of 2016. The applicant and Clement Maima had been joint administrators of the estate. Clement Maima died on 23 December 2020 during the pendency of Civil Appeal No. 102 of 2016. Judgment in that appeal was delivered on 18 December 2023 against the estate. The applicant continued attending court on various dates in 2022 and 2023 but did not inform the court of his co-administrator's death until after judgment was delivered. The respondents opposed the application, arguing it was brought in bad faith to delay execution and that the applicant should have informed the court of the co-administrator's death during the appeal hearing.

Issues

1. Whether the application warrants the applicant to be appointed administrator ad litem for the estate of late Sabastian Wetaka.
2. Whether the applicant can be granted leave for extension of time within which to appeal against the decision of the Appellate court in Civil Appeal No. 102 of 2016.

Orders

• The Applicant, Mr. Wasike Patrick is appointed administrator ad litem for the estate of Wetaka Sebastian.
• The Applicant is granted leave to file his appeal out of time.
• No costs are awarded.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules SI.71 Order 51 rule 6
• Civil Procedure Rules SI.71 Order 52 rr 1, 2 and 3
• Civil Procedure Act Cap 282 s.78
• Civil Procedure Act Cap 282 s.96
• Civil Procedure Act Cap 282 s.98
• Succession Act Cap 162 s.218
• Succession Act Cap 162 s.222

Cases cited (7)

• Rusell v Snow 829 SW2d 136
• Byomuhangi Christopher v Rugumya Jones (HCMA No. 57 of 2023)
• Winrose Emmah Ndida Kiamba v Agnes Nthambi Kasyoka [2021] EKLR
• Tushabe v Cooperative Bank Ltd (SCCA No. 8 of 2018)
• Florence Nabatanzi v Naome Binsobedde (SCCA No. 6 of 1987)
• Bitamissi Namudu v Rwabuganda Godfrey (Court of Appeal Miscellaneous Application No. 79 of 2014)
• Rosette Kizito v Administrator General & Others (Supreme Court Civil Application No. 9 of 1986)

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