[2024] UGHCLD 276

[2024] UGHCLD 276

The court found that the respondent, by his own prior admissions and lack of contrary evidence, is a beneficiary of the late Sekyaya Muhammed and thus has capacity to be substituted as legal representative for the purposes of execution in Civil Suit No. 331 of 2009. Although the respondent does not hold letters of administration, the court invoked Section 222 of the Succession Act to grant him limited letters of administration for the suit. The court further held that the applicants, having been declared rightful owners of the suit land (subject to 0.15 acres of kibanja interest), are entitled to a consequential eviction order to give effect to the judgment, as the defendants are in...

Citation
[2024] UGHCLD 276
Parties
Applicant: James Joel Sembayita; Applicant: Daniel Banja; Respondent: Sande Abdu Noor
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
29 November 2024
Case Number
Miscellaneous Application 1101 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Substitution and Consequential Orders
Outcome
application granted in part
Judges
Alividza, J
Legal Topics
Substitution of Parties, Eviction Orders, Legal Representative Status, Execution of Judgments
Source Language
English
Land and Property Civil Procedure Substitution of Parties Eviction Orders Legal Representative Status Execution of Judgments

Case Brief

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Parties

James Joel Sembayita

Applicant

Daniel Banja

Applicant

Sande Abdu Noor

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Substitution and Consequential Orders

Legal Issues

  1. 1 Whether the respondent should be substituted as a legal representative of the deceased judgment debtor.
  2. 2 Whether a consequential order should be granted to the applicants to cause eviction of the respondent and his agents and demolition of their structures so that the applicants can take vacant possession.

Ratio Decidendi

The court found that the respondent, by his own prior admissions and lack of contrary evidence, is a beneficiary of the late Sekyaya Muhammed and thus has capacity to be substituted as legal representative for the purposes of execution in Civil Suit No. 331 of 2009. Although the respondent does not hold letters of administration, the court invoked Section 222 of the Succession Act to grant him limited letters of administration for the suit. The court further held that the applicants, having been declared rightful owners of the suit land (subject to 0.15 acres of kibanja interest), are entitled to a consequential eviction order to give effect to the judgment, as the defendants are in...

Court Disposition

application granted in part

Orders

  • The respondent is substituted as legal representative of the late Sekyaya Muhammed limited to Civil Suit No. 331 of 2009.
  • The kibanja interest of 0.15 acres decreed to the defendants in Civil Suit No. 331 of 2009 shall be ascertained by a surveyor of both parties' choice.