Agaba Acleo (Administrator of the estate of the Late Agaba Selevasta) v Kabagyenyi Jane Rose
Agaba Acleo (Administrator of the estate of the Late Agaba Selevasta) v Kabagyenyi Jane Rose (Miscellaneous Application 56 of 2023) [2024] UGHC 110 (27 March 2024)
The application for reinstatement was filed against a respondent who was already deceased at the time of filing. The law is clear that no suit or application can be maintained against a non-existent entity, and any such proceeding is a nullity. The proper course, if the respondent had died during the pendency of proceedings, would have been to substitute the legal representative. Since the application was filed against a deceased person, the court is powerless to act under the Civil Procedure Code, and the application is bad in law. Accordingly, the application is struck out.
Source excerpt
- Suit Against Deceased Person
- Reinstatement Of Dismissed Suit
- Abatement Of Suit