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Ntula & Another v Ssali & Another (Miscellaneous Application 107 of 2023) [2024] UGHC 305 (15 January 2024)
- Citation
- [2024] UGHC 305
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Katamba Nkwanga, J
- Case number
- Miscellaneous Application 107 of 2023
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Katamba Nkwanga, J
- Case number
- Miscellaneous Application 107 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that Section 222 of the Succession Act permits the appointment of an administrator ad litem to enable the continuation of a suit where the original party has died and the process of obtaining full letters of administration may cause undue delay. The Applicants demonstrated that the Plaintiff died during the pre-trial process and that the family had not yet obtained letters of administration. The court was satisfied that granting the Applicants temporary letters of administration ad litem and substituting them as Plaintiffs would serve the interests of justice and allow the pending suit to proceed without unnecessary delay. The court accordingly granted the application, allowed the substitution, and permitted amendment of pleadings to reflect the change. Costs were ordered to be in the cause.
Court disposition
application granted
Orders
- The Applicants are hereby appointed administrators ad litem in respect to Civil Suit No. 95 of 2023.
- The deceased Plaintiff is hereby substituted with the Applicants as administrators ad litem in respect to Civil Suit No. 95 of 2023.
- An amendment to the pleadings is allowed in the above terms.
- The costs of this application will be in the cause.
02
Material facts
Parties
Ntula Yiga Stephen
Applicant Counsel: M/s Neon AdvocatesNamuwonge Agnes
Applicant Counsel: M/s Neon AdvocatesSsali Ronald
RespondentCommissioner Land Registration
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Temporary Grant of Letters of Administration Ad Litem and Substitution of Parties
04
Questions and positions
Legal issues
- 01
Whether the Applicants should be granted a temporary grant of Letters of Administration ad litem for purposes of Civil Suit No. 95 of 2023.
- 02
Whether the Applicants should be substituted as Plaintiffs in place of the deceased Plaintiff, Muwonge Frasisco.
- 03
Whether amendment of pleadings to reflect the substitution should be allowed.
Party arguments
- Applicant
- The Applicants argued that the original Plaintiff, Muwonge Frasisco, died before the suit could be resolved. They provided evidence of his death and contended that the process of obtaining full letters of administration may delay the resolution of the pending suit. They requested to be appointed as administrators ad litem and to be substituted as Plaintiffs to enable the suit to proceed.
- Respondent
- The Respondents did not enter appearance or file submissions despite service. No arguments were presented on their behalf.
05
Court’s reasoning
Legal principles
- 01
Section 222 of the Succession Act (Cap 162)
A party to a suit or a person intending to institute one may apply for appointment as administrator pendente lite for purposes of defending or continuing a suit where the deceased's family is unwilling or unable to take out Letters of Administration.
06
Ratio, limits and disposition
Ratio decidendi
The court found that Section 222 of the Succession Act permits the appointment of an administrator ad litem to enable the continuation of a suit where the original party has died and the process of obtaining full letters of administration may cause undue delay. The Applicants demonstrated that the Plaintiff died during the pre-trial process and that the family had not yet obtained letters of administration. The court was satisfied that granting the Applicants temporary letters of administration ad litem and substituting them as Plaintiffs would serve the interests of justice and allow the pending suit to proceed without unnecessary delay. The court accordingly granted the application, allowed the substitution, and permitted amendment of pleadings to reflect the change. Costs were ordered to be in the cause.
Obiter and limits
- The provision for temporary grant of letters of administration ad litem is intended to prevent delay in the administration of justice where a party dies during the pendency of a suit.
- The absence of opposition from the Respondents, despite proper service, further justified proceeding ex parte and granting the orders sought.
Court disposition
application granted
- The Applicants are hereby appointed administrators ad litem in respect to Civil Suit No. 95 of 2023.
- The deceased Plaintiff is hereby substituted with the Applicants as administrators ad litem in respect to Civil Suit No. 95 of 2023.
- An amendment to the pleadings is allowed in the above terms.
- The costs of this application will be in the cause.
Source and reliance status
High Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MASAKA
MISCELLANEOUS APPLICATION NO. 107 OF 2023
(ARISING FROM CIVIL SUIT NO. 95 OF 2023)
1. NTULA YIGA STEPHEN
2. NAMUWONGE AGNES :::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS
VERSUS
1. SSALI RONALD
2. COMMISSIONER LAND REGISTRATION :::::::::::::::::::::::::: RESPONDENTS
RULING
*Hon. Lady Justice Victoria N. N. Katamba*
BACKGROUND
This is an application in which the Applicant is seeking for an Order for a temporary grant of Letters of Administration ad litem in respect to Civil suit No. 95 of 2023 which is pending before this Honourable court.
The Applicants state that Muwonge Frasisco was the Plaintiff in the above civil suit from which the above suit emanates. That the Plaintiff, unfortunately, died before the rights of the parties to the dispute could be resolved by this Honourable Court.
They prayed that their names be substituted with those of the Plaintiff to enable the court proceed with hearing of the suit.
Representation
The Applicant was represented by M/s Neon Advocates.
When this matter came up for hearing on 13th November 2023, the Applicant was granted leave to proceed ex parte, the Respondents having failed to enter appearance despite service. They were also directed to file written submissions which at the time of writing this ruling they were yet to file.
APPLICANT'S CASE
The Applicants state that Muwonge Frasisco was the Plaintiff in the above civil suit from which the above suit emanates. That the Plaintiff, unfortunately, died before the rights of the parties to the dispute could be resolved by this Honourable Court.
The Applicants state that Muwonge Frasisco died on the 15th of October, 2023 during the pre-trial processes of the suit. They attached a copy of the LC1 chairperson's letter and of a short death certificate to prove the death of Muwonge Frasisco who was buried at Kiyimba village, Kyotera on 16th October 2023.
The Applicants contend that the process of obtaining letters of administration to the estate of the Late Frasisco Muwonge is to be undertaken by his family, but that it may delay the resolution of the suit which is pending before this Honourable Court.
They prayed that their names be substituted with those of the Plaintiff to enable the court proceed with hearing of the suit.
DETERMINATION BY COURT.
I have carefully considered the Applicant's affidavits in support of the Application and below is my decision on the matter.
*S.222 of the Succession Act which was cited by the Applicant allows a party to a suit or a person intending to institute one to move court to appoint an Administrator pendate lite for purposes of defending the suit where the members of the deceased's family are unwilling to take out Letters of Administration.*
This provision is available to the one seeking a temporary grant of Letters of Administration for purposes of continuing a suit on behalf of a deceased's estate as desired by the Applicants.
In the premises, I accordingly grant the Application. The Costs of this Application will remain in the cause.
I so order.
Orders;
- 1. The Applicants are hereby appointed administrators' ad-litem in respect to Civil suit No. 95 of 2023 which is pending before this Honourable court. - 2. The deceased Plaintiff is hereby substituted with the Applicants as administrators' ad-litem in respect to Civil Suit No. 95 of 2023 which is pending before this Honourable court. - 3. An amendment to the pleadings is allowed in the above terms. - 4. The Costs of this Application will be in the Cause.
Dated this 15th day of January, 2024
VICTORIA NAKINTU NKWANGA KATAMBA
JUDGE.
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