Uganda Case Law

Samwuel Galiwango and Others v Edith Nalwanga and Others (Misc. Application No. 278 of 2025)

Samwuel Galiwango and Others v Edith Nalwanga and Others (Misc. Application No. 278 of 2025) [2025] UGHCFD 37 (4 July 2025)

Court

HC: Family Division (Uganda)

Case number

Misc. Application No. 278 of 2025

Judge

Busingye, J

The High Court allowed substitution and amendment in a succession-related suit, replacing deceased parties with their administrators and striking out a deceased plaintiff.

• Letters Of Administration
• Substitution Of Parties
• Amendment Of Pleadings
• Estate Management
• Survival Of Cause Of Action
• Substitution-of-parties

Nyeko v Kitgum Municipal Council

Nyeko v Kitgum Municipal Council (Miscellaneous Application 8 of 2024) [2024] UGHC 1023 (31 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 8 of 2024

Judge

Mwaka, J

The High Court granted an application to substitute the deceased first plaintiff with his administrator in a land dispute, holding the cause of action survived.

• Substitution Of Parties
• Letters Of Administration
• Survival Of Cause Of Action
• Trespass To Land
• Substitution-of-parties
• Letters-of-administration

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

Kayanja v Yekee and Another

Kayanja v Yekee and Another (Civil Suit No. 263/2003) [2008] UGHCCD 1 (8 April 2008)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 263/2003

Judges

Anne Magezi, j

The court held that the relevant provision for substitution is Order 24(3), which allows continuation of a suit only if the cause of action survives the death of the plaintiff. In personal injury claims, the cause of action does not survive the plaintiff, as the claim is inherently personal and requires proof of negligence and damages suffered by the injured party. The precedent in Pulling vs The Great Eastern Railway Company (1882) QBD, though not binding, was persuasive in establishing that tortious actions for personal injury abate upon the death of the claimant. Therefore, the application…

Source excerpt

• Substitution Of Parties
• Abatement Of Suit
• Survival Of Cause Of Action
• Personal Injury Claims