Wakilii

Willy Mayanja v Richard Maseruka and 7 Others [2026] UGHCLD 32

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application in a pending civil suit seeking appointment of an administrator pendente lite, addition of a party and leave to amend the plaint
Decision
Application for appointment of an administrator pendente lite and for addition of a party to Civil Suit No. 725 of 2018 dismissed; head suit continues as constituted

Observed later treatment

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Holding

The court declined to appoint the applicant's nominee as administrator pendente lite of a deceased person's estate for the purpose of representing the estate in a pending land fraud suit. Although section 218 of the Succession Act permits a grant limited to representing a deceased in a pending suit where the executor or person entitled to administration is unable or unwilling to act, the applicant's affidavit evidence disclosed no nexus or relationship between the nominee and the estate of the deceased. The deceased was also not a party to the pending suit. The application to appoint the nominee, to add him as a party and to amend the plaint was accordingly dismissed, with no order as to costs.

Outcome

Application for appointment of an administrator pendente lite and for addition of a party to Civil Suit No. 725 of 2018 dismissed; head suit continues as constituted

Facts

The applicant had filed High Court Civil Suit No. 725 of 2018 against the 1st to 7th Respondents concerning 1.5 acres of kibanja on mailo land at Kijabijo, formerly part of Kyadondo Block 170 Plot 600, which he claimed to have purchased from the 1st to 4th Respondents. He alleged that before subdivision was completed into Plots 1070 and 1071, the late Fred Kiwanuka together with the 5th and 6th Respondents carried out fraudulent transactions, resulting in Plot 1070 being registered in the deceased's name and Plot 1071 in the 6th Respondent's name. The estate of the late Fred Kiwanuka had no administrator, and neither the deceased nor the 8th Respondent was a party to the pending suit. The applicant sought appointment of the 8th Respondent as administrator pendente lite so the estate could be represented, that he be joined as a defendant, and leave to amend the plaint. The 5th and 7th Respondents opposed, contending the 8th Respondent was neither executor nor a person entitled to administer the estate, that no necessity had been shown, and that the amendment would prejudice them and alter the structure of the suit.

Issues

  1. Whether the court should grant letters of administration pendente lite in respect of the estate of the late Fred Kiwanuka to the 8th Respondent.
  2. Whether the 8th Respondent could be added as a party to Civil Suit No. 725 of 2018 as legal representative of the deceased.
  3. What remedies are available to the parties.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Succession & Estates — Administration Pendente Lite — Requirement of a Nexus Between the Nominee and the Deceased's Estate
An application under section 218 of the Succession Act for a limited grant to a party's nominee for the purpose of representing a deceased in a pending suit fails where the affidavit evidence discloses no nexus or relationship between the proposed nominee and the estate of the deceased.
Succession & Estates — Letters of Administration Pendente Lite — Purpose and Rationale of the Grant
Letters of administration pendente lite are granted during the pendency of a dispute touching an estate in order to preserve estate assets from mismanagement or dissipation, protect the beneficiaries' interests and maintain the status quo until the dispute is resolved, and confer no power to distribute the estate.
Civil Procedure — Addition of Parties — Joinder of a Legal Representative of a Deceased Who Is Not a Party to the Suit
A court will not order the joinder of a proposed legal representative of a deceased person to a pending suit under Order 1 rule 10(2) of the Civil Procedure Rules where no valid limited grant of representation has been made and the deceased was never a party to that suit.

Legislation cited (8)

Full judgment

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

Willy Mayanja v Richard Maseruka and 7 Others [2026] UGHCLD 32 (13 February 2026)
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.