[2015] UGHCLD 68
The court held that the applicants, having been duly appointed as administrators of the estate of the deceased plaintiff by a grant of letters of administration, are entitled to be substituted as plaintiffs in the pending suit. The court found that the cause of action survives the deceased and that the applicants...
Source-derived case information.
- Citation
- [2015] UGHCLD 68
- Parties
- Applicant: Betty Kityo Sempanda; Applicant: John Kivumu; Applicant: Moses Mukiibi; Respondent: U-Turn Services Limited; Respondent: Edgar Mutamba Karazarwe
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Misc. Application No. 841 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Parties
- Outcome
- application allowed
- Judges
- Luswata, J
- Legal Topics
- Substitution of Parties, Administration of Estates, Death of Litigant, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Kityo Sempanda
Applicant
John Kivumu
Applicant
Moses Mukiibi
Applicant
U-Turn Services Limited
Respondent
Edgar Mutamba Karazarwe
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Parties
Legal Issues
- 1 Whether the applicants, as administrators of the estate of the deceased plaintiff, should be substituted as parties to the suit.
- 2 Whether the cause of action survives the deceased plaintiff and can be prosecuted by the administrators.
Ratio Decidendi
The court held that the applicants, having been duly appointed as administrators of the estate of the deceased plaintiff by a grant of letters of administration, are entitled to be substituted as plaintiffs in the pending suit. The court found that the cause of action survives the deceased and that the applicants have the mandate to continue with the prosecution of the main suit. The absence of opposition from the respondents was taken as acquiescence to the facts and relief sought. The court was satisfied with the evidence of the grant of administration and ordered the substitution and amendment of the plaint accordingly.
Court Disposition
application allowed
Orders
- Betty Kityo Sempanda, John Kivumu, and Moses Mukiibi are substituted as plaintiffs in Civil Suit No. 397 of 2011 in place of the late Godfrey Semakula Sempanda.
- The plaint shall be amended accordingly and filed within seven days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**(LAND DIVISION)**
**MISC. APPLICATION NO. 841 OF 2014**
**(ARISING FROM MIS. CAUSE NO. 841 OF 2014)**
**(ARISING FROM CIVIL SUIT NO. 397 OF 2011)**
1. **BETTY KITO SEMPANDA** 2. **JOHN KIVUMU**
**MOSES MUKIIBI………………………………....................................... APPLICANTS**
**(*Admministratoros of the estate of the late GodfreySemakula Sempanda*)**
**VERSUS**
1. **U-TURN SERVICES LIMITED** 2. **EDGAR MUTAMBA KARAZARWE ………………………………. . RESPONDENTS**
**RULING**
**BEFORE HONOURABLE LADY JUSTICE EVA K. LUSWATA**
This application is presented by motion under Section 98 CPA.024 R.1.3 (1) and 12 CPR, seeking an order for the substitution of the applicants for Godfrey Semakula in Civil Suit No.397/11 plaintiff and the costs to be provided for. The application is supported by the affidavit of Betty Kityo Sempanda the plaintiff’s widow. There was no response to the application.
On 29/4/15, I allowed *exparte* proceedings after I was satisfied that the respondents were effectively served with the motion through M/s Joel Olweny & Co., Advocates, and their legal representatives. Counsel for the applicant submitted no oral or written submissions indicating that the application and its supporting affidavit were sufficient.
Order 22 CPR makes provision for the substitution of a deceased party in a suit. This is because, the death of a party to a suit does not necessarily cause the cause of action to abate. Specifically under rule 3 and 12, the legal representatives of the estate of a deceased person who is a party to a suit, may, where the cause of action outlives such party, apply to be substituted for such deceased party.
In her affidavit, Ms Sempanda states that the plaintiff died on 24/9/12 after filing the suit. That the applicants were on 24/3/14, appointed administrators of his estate vide a Grant of Letters of Administration with the will annexed in Administration Cause No.922/12. I have seen a copy of the grant attached to the affidavit as Annexture “A”. I have no reason to doubt that such grant was made under seal of the High Court on the date stated. Having been so appointed, all three applicants have the mandate to continue with the prosecution of the main suit.
The respondent filed no response to the application an indication that they concede to its facts. They will suffer no prejudice if the applicants are substituted for the plaintiff.
I thereby allow the application and order that Betty Kityo Sempanda, John Kivumu and Moses Mukiibi, being he administrators of the estate of the late Semakula Sempanda be substituted for the plaintiff and the plaint be amended accordingly. The amended plaint shall be filed within seven days from the date of the ruling.
In addition, I order that the applicants meet the costs of this application.
I so order.
**EVA K. LUSWATA**
**JUDGE**
**30th April, 2015**.