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Sempanda & 2 Ors v U-Turn Services Limited & Anor (Misc. Application No. 841 of 2014) [2015] UGHCLD 68 (30 April 2015)
- Citation
- [2015] UGHCLD 68
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Luswata, J
- Case number
- Misc. Application No. 841 of 2014
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Luswata, J
- Case number
- Misc. Application No. 841 of 2014
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the applicants, having been duly appointed as administrators of the estate of the deceased plaintiff by a grant of letters of administration, are entitled to be substituted as plaintiffs in the pending suit. The court found that the cause of action survives the deceased and that the applicants have the mandate to continue with the prosecution of the main suit. The absence of opposition from the respondents was taken as acquiescence to the facts and relief sought. The court was satisfied with the evidence of the grant of administration and ordered the substitution and amendment of the plaint accordingly.
Court disposition
application allowed
Orders
- Betty Kityo Sempanda, John Kivumu, and Moses Mukiibi are substituted as plaintiffs in Civil Suit No. 397 of 2011 in place of the late Godfrey Semakula Sempanda.
- The plaint shall be amended accordingly and filed within seven days from the date of the ruling.
- The applicants shall meet the costs of this application.
02
Material facts
Parties
Betty Kityo Sempanda
ApplicantJohn Kivumu
ApplicantMoses Mukiibi
ApplicantU-Turn Services Limited
RespondentEdgar Mutamba Karazarwe
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Substitution of Parties
04
Questions and positions
Legal issues
- 01
Whether the applicants, as administrators of the estate of the deceased plaintiff, should be substituted as parties to the suit.
- 02
Whether the cause of action survives the deceased plaintiff and can be prosecuted by the administrators.
Party arguments
- Applicant
- The applicants, as administrators of the estate of the late Godfrey Semakula Sempanda, seek to be substituted as plaintiffs in Civil Suit No. 397 of 2011 following the death of the original plaintiff. They rely on their appointment as administrators by grant of letters of administration and assert that the cause of action survives the deceased. The application is supported by affidavit evidence and relevant legal provisions.
- Respondent
- The respondents did not file any response to the application, indicating no opposition to the facts or relief sought by the applicants.
05
Court’s reasoning
Legal principles
- 01
Order 22 Rules 3 and 12, Civil Procedure Rules
Order 22 of the Civil Procedure Rules provides for substitution of a deceased party where the cause of action survives.
- 02
Section 98 Civil Procedure Act; Order 22 CPR
The death of a party does not necessarily abate the cause of action; legal representatives may continue the suit.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the applicants, having been duly appointed as administrators of the estate of the deceased plaintiff by a grant of letters of administration, are entitled to be substituted as plaintiffs in the pending suit. The court found that the cause of action survives the deceased and that the applicants have the mandate to continue with the prosecution of the main suit. The absence of opposition from the respondents was taken as acquiescence to the facts and relief sought. The court was satisfied with the evidence of the grant of administration and ordered the substitution and amendment of the plaint accordingly.
Obiter and limits
- The respondents will suffer no prejudice if the applicants are substituted for the plaintiff.
- The application and its supporting affidavit were sufficient for determination without further submissions.
Court disposition
application allowed
- Betty Kityo Sempanda, John Kivumu, and Moses Mukiibi are substituted as plaintiffs in Civil Suit No. 397 of 2011 in place of the late Godfrey Semakula Sempanda.
- The plaint shall be amended accordingly and filed within seven days from the date of the ruling.
- The applicants shall meet the costs of this application.
Source and reliance status
HC: Land Division (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.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISC. APPLICATION NO. 841 OF 2014
(ARISING FROM MIS. CAUSE NO. 841 OF 2014)
(ARISING FROM CIVIL SUIT NO. 397 OF 2011)
1. BETTY KITO SEMPANDA 2. JOHN KIVUMU
MOSES MUKIIBI………………………………....................................... APPLICANTS
(*Admministratoros of the estate of the late GodfreySemakula Sempanda*)
VERSUS
1. U-TURN SERVICES LIMITED 2. EDGAR MUTAMBA KARAZARWE ………………………………. . RESPONDENTS
RULING
BEFORE HONOURABLE LADY JUSTICE EVA K. LUSWATA
This application is presented by motion under Section 98 CPA.024 R.1.3 (1) and 12 CPR, seeking an order for the substitution of the applicants for Godfrey Semakula in Civil Suit No.397/11 plaintiff and the costs to be provided for. The application is supported by the affidavit of Betty Kityo Sempanda the plaintiff’s widow. There was no response to the application.
On 29/4/15, I allowed *exparte* proceedings after I was satisfied that the respondents were effectively served with the motion through M/s Joel Olweny & Co., Advocates, and their legal representatives. Counsel for the applicant submitted no oral or written submissions indicating that the application and its supporting affidavit were sufficient.
Order 22 CPR makes provision for the substitution of a deceased party in a suit. This is because, the death of a party to a suit does not necessarily cause the cause of action to abate. Specifically under rule 3 and 12, the legal representatives of the estate of a deceased person who is a party to a suit, may, where the cause of action outlives such party, apply to be substituted for such deceased party.
In her affidavit, Ms Sempanda states that the plaintiff died on 24/9/12 after filing the suit. That the applicants were on 24/3/14, appointed administrators of his estate vide a Grant of Letters of Administration with the will annexed in Administration Cause No.922/12. I have seen a copy of the grant attached to the affidavit as Annexture “A”. I have no reason to doubt that such grant was made under seal of the High Court on the date stated. Having been so appointed, all three applicants have the mandate to continue with the prosecution of the main suit.
The respondent filed no response to the application an indication that they concede to its facts. They will suffer no prejudice if the applicants are substituted for the plaintiff.
I thereby allow the application and order that Betty Kityo Sempanda, John Kivumu and Moses Mukiibi, being he administrators of the estate of the late Semakula Sempanda be substituted for the plaintiff and the plaint be amended accordingly. The amended plaint shall be filed within seven days from the date of the ruling.
In addition, I order that the applicants meet the costs of this application.
I so order.
EVA K. LUSWATA
JUDGE
30th April, 2015.
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