Once a party to a matrimonial dispute dies, the cause of action based on marriage or matrimonial property becomes untenable. Claims must thereafter be pursued through succession proceedings, not civil

Waboga David
Nov 7
4 min read

Once a party to a matrimonial dispute dies, the cause of action based on marriage or matrimonial property becomes untenable. Claims must thereafter be pursued through succession proceedings, not civil, High Court at Kabale Affirms.

FACTS

The appellant, Kemigisha Jackline, filed a suit in the Chief Magistrate’s Court at Kabale (now Kisoro Chief Magisterial Area) in 2014 seeking recovery of two pieces of land, household property, compensation, and general damages from her husband, Nsengimana Wilberforce (now deceased).

She alleged that after their separation, the respondent demolished their semi-permanent house on land located at:

Gahuru village, Rutare Parish, Chahi Sub-County, Kisoro District; and
Rukoro village, Nyakabingo Parish, Chahi Sub-County, Kisoro District.

The appellant contended that the respondent unlawfully gave these parcels of land to his first wife, Nyirabavakure Elina (2nd respondent). The respondents denied the existence of a valid marriage or joint ownership of property.

The trial court dismissed her claims, finding no valid marriage and holding that the land belonged solely to the respondent.

ISSUES

Whether there was a valid marriage between the appellant and the deceased respondent.
Who was the rightful owner of the disputed land.
Whether the trial magistrate misdirected himself in law and fact.
Whether the proceedings were maintainable after the death of the 1st respondent.

SUBMISSIONS

The Appellant

Argued that the magistrate erred in rejecting the marriage claim, which was admitted by both parties.

Contended that the magistrate failed to properly evaluate the evidence, occasioning a miscarriage of justice.

Submitted that upon the death of the 1st respondent, the court should have halted proceedings and appointed an administrator.

The Respondents

Maintained that the appellant failed to prove a lawful marriage.

Asserted that the suit land belonged solely to the deceased.

Argued that the magistrate properly exercised his discretion in reframing issues.

LEGAL REPRESENTATION

Appellant: M/s Bikangiso & Co. Advocates
Respondents: M/s Skaar Advocates

COURT’S FINDINGS

On Reframing/Striking Issues:

The trial court correctly struck Issues 3 and 4 under Order XV Rule 5(2) of the Civil Procedure Rules (SI 71-1), which empowers courts to "strike out any issues that appear to it to be wrongly framed or introduced." However, it failed to reframe Issues 1 and 2 under Rule 5(1): "The court may at any time before passing a decree amend the issues or frame additional issues... as may be necessary for determining the matters in controversy."

Jurisdictional Misdirection Post-Death

The Court faulted the trial magistrate for ignoring succession law during the locus visit, where the record shows counsel noting:

"Bikangiso: When we went to locus, this court advised that since the defendant died, there was need to appoint an administrator to see whether the 1st defendant left properties to this estate and also to see whether this matter can be settled out of court." The Court proceeded "on an impermissible error," as "the correct law for resolution was application of Section 20 of the Succession Act,

Mandatory Succession Proceedings

The court observed that the trial court misdirected itself by proceeding with the hearing after the death of the 1st respondent, without converting the matter into an administration cause.

The High Court emphasized that upon the death of a party, no right to the deceased’s property can be established without letters of administration, as provided under the Succession Act

“Any right to the intestate’s property can only be established when letters of administration are granted by court… no right to any part of the property of a person who has died intestate shall be established in any court of justice, unless letters of administration have first been granted by a court of competent jurisdiction.”

The court relied on Buzandora Charles v. Ndiroheye Juliet, Civil Appeal No. 7 of 2024, [2025] UGHC 1025; and Makula International Ltd v. Cardinal Nsubuga & Anor, Civil Appeal No. 4 of 1981, [1982] UGCA 2.

On the latter, Justice Ssemogerere reaffirmed:

“Illegality once brought to the attention of court overrides all questions of pleading, including any admission made thereon.”

The High Court found that the trial magistrate acted without jurisdiction, rendering the entire proceedings a nullity.

HOLDING

The appeal partly succeeded. The High Court:

Set aside the judgment and orders of the Chief Magistrate’s Court.
Directed that the matter be transferred to the Chief Magistrate’s Court at Kisoro to be tried as an Administration Cause, under Section 80(1)(e) of the Civil Procedure Act
Reframed the correct issue for trial: whether the appellant was a lawful spouse of the deceased and whether she is entitled to a share of his estate.
Upheld the trial court’s decision to strike out issues 3 and 4 (regarding demolition and conversion).
Awarded half the costs of the appeal to the appellant.

KEY TAKEAWAYS

Death Ends Matrimonial Jurisdiction
Once a party to a matrimonial dispute dies, the cause of action based on marriage or matrimonial property becomes untenable. Claims must thereafter be pursued through succession proceedings, not civil or family suits.
Letters of Administration as a Precondition
No court can entertain a claim to a deceased’s property without the grant of letters of administration or probate. This principle is now firmly entrenched in Ugandan jurisprudence under Section 187 of the Succession Act.
Courts will halt proceedings upon the death of a party and, where appropriate, convert the case into an administration cause to determine residual claims lawfully.
Illegality Overrides Pleadings
Citing Makula International v. Cardinal Nsubuga, the judgment reinforces that any illegality—once detected—nullifies all proceedings irrespective of procedural posture or party admissions.