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Civil Procedure [2020] UGCommC 152

Mugasha v Housing Finance Bank and Another

Mugasha v Housing Finance Bank and Another (Miscellaneous Application No. 1132 of 2020) [2020] UGCommC 152 (29 December 2020)

The court held that it lacked jurisdiction to entertain and determine the application for substitution of the deceased plaintiff with a legal representative, as such applications must be brought before the Family Division of the High Court. The applicant failed to provide evidence of being a duly appointed executor or administrator, or of having the necessary credentials to be substituted as legal representative. The absence of such evidence deprived the Commercial Division of the mandate to substitute the deceased plaintiff. The court emphasized that jurisdiction is everything and must be ad…

  • Substitution Of Parties
  • Letters Of Administration
  • Jurisdiction Of High Court Divisions
  • Legal Representative Status
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