Jagoda V Tudawe – sllr 2004 volume 2 page 147

In the case between the petitioner, who sought damages for injuries sustained in a motor traffic accident, and the respondent, the sole heir of the deceased vehicle owner B.Y. Tudawe, the Court of Appeal addressed the issue of whether a next of kin may be appointed as a “legal representative” under section 394(2) of the Civil Procedure Code when there has been no explicit adiating of inheritance. The Court held that the petitioner’s failure to establish that the respondent had accepted (adiated) the inheritance meant the statutory requirements for such appointment were not met. The principle reaffirmed is that, in matters involving estates under administrable value, only those next of kin who have aditated inheritance may be appointed as legal representatives, emphasizing strict adherence