Iterura v Muguta and Another (HCT-05-CV-MA-0023-2002) [2002] UGHC 137 (10 April 2002)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT MBARARA HCT-05-CV-MA-0023-2002

(Orig. from C. S. No. 33/95)

IDAH ITERURA APPLICANT VS *>*

1. ISMAIL MUGUTA)

RESPONDENT 2. JOAB MUJUNGU )

BEFORE: THE HON. MR. MANIRAGUHA D. N.

## RULING

This is an application brought under 0. 21 rules 4(1) and 12 ofthe Civil Procedure Rules. **(O**

It is supported by the affidavit of the applicant which is already on record. The purpose ofthe application is for this court to order that the applicant Idah Iterura be substituted for Yesse Iterura. She deponed that she is the legal representative ofthe late Yesse Iterura.

The applicant has relied for her application on three grounds namely:-

- (1) That the defendant died on 3rd March 2001. - (2) That the suit survived the death ofthe defendant. - (3) That the applicant is the legal representative of the deceased vide Administration Cause No. Bus-00-CV-AC-0081-2001.

Mr. Kwizera, learned counsel who argued this application on brief of M/S Muhwezi Bamwite & Co. Advocates read the affidavit to court.

He also argued that the suit had survived the defendant under Section 13(1) of the Law Reform (Miscellaneous Provisions) Act Cap. 74 (UL.) and applied that the court grants the order for substitution.

At the commencement of these proceedings this court gave leave to have the matter heard ex perte for the reasons given.


**2** listened to counsel and read the affidavit in support. <sup>I</sup> have also seen the of administiation granted to the applicant on 13th July 2001 and have no doubt that the defendant Yesse Iteiura is deceased, and the applicant is the rightful administrator of his estate. So she takes over the assets and any liabilities that survived the deceased, and should be lesponsible for any matter arising therefrom.

Under Section 13(1) of the Law Reform (Miscellaneous Provisions) Act (Cap.74) the suit survived the deceased's death against his estate as the subject matter is land which is in dispute.

Consequently under S.13 (7) of the said Act the personal representative of the deceased person has the right to prosecute or defend the matter which has survived against the estate ofthe deceased.

As the Notice of Appeal had been duly filed on 15th March 2001 in the name "Yesse Iterura" as the defendant, there is all the need to substitute it with that of his personal representative so that the machinery ofjustice can move to determine all the questions involved unhindered. <sup>i</sup>

In these circumstances, this application succeeds and is allowed, lhe substitution of the name of the personal representative of the deceased defendant shall be made in accordance with the law.


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