Uganda Case Law

Komuhenda and 9 Others v Mugisa and Anor (Consolidated Civil Suit 33 of 2020; Consolidated Civil Suit 65 of 2021)

Komuhenda and 9 Others v Mugisa and Anor (Consolidated Civil Suit 33 of 2020; Consolidated Civil Suit 65 of 2021) [2024] UGHC 262 (29 April 2024)

Court

High Court of Uganda

Case number

Consolidated Civil Suit 33 of 2020 ; Consolidated Civil Suit 65 of 2021

Judge

Mugabo, J

The High Court overruled a preliminary objection against an amended plaint, holding that the deceased plaintiff’s omission did not defeat the consolidated suits.

• Joinder Of Parties
• Non Joinder
• Amendment Of Pleadings
• Death Of Party
• Survival Of Cause Of Action
• Civil-procedure

Katende v Ssengonzi and 2 Others

Katende v Ssengonzi and 2 Others (Miscellaneous Application 203 of 2024) [2024] UGHCLD 46 (26 February 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 203 of 2024

Judge

Busingye, J

The High Court allowed substitution after the second plaintiff died, holding that the land claim survived to the remaining plaintiff and the suit could continue.

• Amendment Of Pleadings
• Survival Of Cause Of Action
• Death Of Party
• Land Title Transfer
• Joint Ownership
• Survival-of-cause-of-action

Nile Breweries Limited v Emmanuel Binyerere

Nile Breweries Limited v Emmanuel Binyerere (Civil Appeal 56 of 2019) [2024] UGHC 18 (29 January 2024)

Court

High Court of Uganda

Case number

Civil Appeal 56 of 2019

Judge

Allan Nshimye, J

The High Court held that the appeal abated because the sole respondent had died and no legal representative was formally substituted under Order 24 Rule 4.

• Abatement Of Suit
• Death Of Party
• Substitution Of Legal Representative
• Civil-procedure
• Abatement-of-suit
• Death-of-party

Ntula & Another v Ssali & Another

Ntula & Another v Ssali & Another (Miscellaneous Application 107 of 2023) [2024] UGHC 305 (15 January 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 107 of 2023

Judge

Katamba Nkwanga, J

The High Court at Masaka granted a request for temporary letters of administration ad litem and substituted the deceased plaintiff’s representatives in a pending civil suit.

• Letters Of Administration Ad Litem
• Party Substitution
• Death Of Party
• Pending Suit
• Estate Administration
• Letters-of-administration-ad-litem

Kikonyogo Daniel v Nansubuga and Anor

Kikonyogo Daniel v Nansubuga and Anor (Civil Miscellaneous Application No. 1426 of 2020) [2021] UGHCLD 50 (31 March 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 1426 of 2020

Judge

Kazaarwe, J

The High Court dismissed an application brought against a deceased respondent and her advocates, holding that the proper course was to seek involvement of the Administrator General.

• Joinder Of Parties
• Death Of Party
• Role Of Legal Representatives
• Death-of-party
• Joinder-of-parties
• Administrator-general

Buteera and Another v Kyairagwire and Another

Buteera and Another v Kyairagwire and Another (CIVIL APPEAL NO. 28 OF 2009) [2018] UGCA 246 (4 June 2018)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 28 OF 2009

Judge

Madrama J, Kiryabwire, JA, Kakuru, JA

The Court of Appeal struck out this civil appeal for delay, failure to substitute deceased respondents, and an incompetent memorandum raising fact and law in a second appeal.

• Appeal Striking Out
• Death Of Party
• Legal Representative Joinder
• Memorandum Of Appeal
• Abuse Of Process
• Civil-procedure

Abdala v Agony

Abdala v Agony (Miscellaneous Civil Application No. 0067 of 2016) [2017] UGHCFD 3 (2 March 2017)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Civil Application No. 0067 of 2016

Judge

Stephen Mubiru, J

The court held that although the judgment was delivered after the death of the defendant, the deceased had participated fully in the trial up to the closure of evidence and submissions. Therefore, the judgment itself was not a nullity and would not be set aside. However, all post-judgment proceedings, including execution and assessment of costs, required the legal representatives of the deceased to be brought on record. Since this was not done, those proceedings were a nullity and were set aside. The court clarified that review is not available for mere errors of law or for decisions where an…

Source excerpt

• Review Of Judgment
• Death Of Party
• Legal Representatives
• Post Judgment Proceedings

Tomusange v Kirumira

Tomusange v Kirumira (Civil Appeal No. 37 of 2006) [2015] UGCA 44 (11 June 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 37 of 2006

Judge

Mwondha, JA, Mwangusya, JA, Ekirikubinza, JA

The Court of Appeal allowed withdrawal of an appeal after hearing had been fixed, held Rule 94 could not be complied with because the respondent was deceased, and dismissed both appeal and cross-appeal without costs.

• Withdrawal Of Appeal
• Costs Award
• Death Of Party
• Cross Appeal Abatement
• Withdrawal-of-appeal
• Cross-appeal

Naluwooza v Namwandu Yake Lunkuse Kyaze& 2 Ors

Naluwooza v Namwandu Yake Lunkuse Kyaze& 2 Ors (Civil Appeal No.59 of 2009) [2009] UGHC 149 (2 April 2009)

Court

High Court of Uganda

Case number

Civil Appeal No.59 of 2009

The High Court held that costs could not be awarded under Order 25 against deceased respondents. It set aside the magistrate’s costs order and remitted the suit.

• Withdrawal Of Suit
• Costs Awards
• Substitution Of Parties
• Death Of Party
• Magistrates Court Procedure
• Civil-procedure

Amrit Goyal v Hari Chand Goyal & 3 oers

Amrit Goyal v Hari Chand Goyal & 3 oers (Civil App.No. 109 of 2004) [2006] UGCA 41 (21 June 2006)

Court

Court of Appeal of Uganda

Case number

Civil App.No. 109 of 2004

The Court of Appeal stayed an application and pending appeal after finding that a deceased respondent had not been substituted by a legal representative.

• Substitution Of Parties
• Death Of Party
• Stay Of Proceedings
• Civil-procedure
• Substitution-of-parties
• Death-of-party