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30 Sept 2024

Civil Procedure [2024] UGHC 902

Zam Zam Zahara v Mwima and Another

Zam Zam Zahara v Mwima and Another (Civil Suit 5 of 2016) [2024] UGHC 902 (30 September 2024)

Court: High Court of Uganda
Case number: Civil Suit 5 of 2016
Judge: Lubega, J

The court held that the substitution of Mr. Mwaima Faisal as the 1st Defendant was improper because he was not the legal representative of the late James Muleme. The intention of substitution under Order 24 rule 4 is to allow the legal representative of a deceased party to enforce the rights of the deceased, not to introduce new third party rights. The amendment sought by Mr. Mwaima Faisal would cause injustice to the Plaintiff and the 2nd Defendant by introducing facts and interests not present in the original suit. Therefore, the amended written statement of defence was rejected, and Mr. Mw…

Source excerpt

Substitution Of Parties
Amendment Of Pleadings
Legal Representative
Third Party Rights

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1 Jan 1940

Civil Procedure [1940] EACA 30

Harichand v Udin and Another

Harichand v Udin and Another (Civil Case No. 301 of 1932,) [1940] EACA 30 (1 January 1940)

Court: East African Court of Appeal
Case number: Civil Case No. 301 of 1932,
Judge: Lucie-Smith, J. (Kenya)

The application for execution made in the name of the deceased judgment creditor is valid, as execution proceedings do not abate upon the death of the decree holder. The relevant rules and authorities establish that heirs or representatives may continue or initiate execution without the need for formal substitution or letters of administration. The advocate's authority to act is revived by fresh instructions from the widow of the deceased, who is an interested party. The objections raised by the judgment debtors are not supported by the applicable procedural rules or case law, and the applica…