Kasiba v Administrator General & Another (Civil Appeal 13 of 2016)

Supreme Court · [2018] UGSC 99 · 2018 Appeal Dismissed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Second civil appeal to the Supreme Court from the Court of Appeal in a succession and estate-distribution dispute

Decision

Appeal dismissed; the decisions of the Court of Appeal and High Court allowing the 2nd respondent to retain the suit property upheld; no order as to costs.

The full judgment

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Holding

The court considered whether the Administrator General's distribution and transfer of estate land to a beneficiary before obtaining letters of administration was illegal, fraudulent or diminished the estate. Held: under s.192 of the Succession Act the grant relates back to the moment after death and validates pre-grant acts, including distribution to beneficiaries; s.193 excepts only acts tending to diminish or damage the estate. The suit property was distributed to the 2nd respondent and included in the inventory, so it was neither taken out of nor diminished from the estate. Estoppel by acquiescence did not apply, but the appellant had in fact received slightly more than his entitlement and suffered no prejudice. Appeal dismissed; no order as to costs.

Facts

The deceased died intestate in 1982 survived by three children. The Administrator General distributed the estate following a clan elders' plan before obtaining letters of administration (granted 11 January 1983). The suit property at Makerere Kibuga Block 38 Plot 166 was transferred into the name of the 2nd respondent, the eldest child. About ten years later the appellant, the customary heir, sought redistribution, alleging the property was illegally taken out of the estate and given to the 2nd respondent without letters of administration and by means of a succession certificate rather than a transfer form. He filed suit in 1994 (dismissed on technical grounds) and again in 1999. The High Court found the property was neither bequeathed nor gifted inter vivos to the 2nd respondent, but allowed her to retain it as her only immovable property and held the appellant estopped after ten years. The Court of Appeal dismissed his appeal on the same ground, and he appealed to the Supreme Court.

Issues

Whether the 1st respondent's act of distributing the deceased's estate before obtaining a grant of letters of administration was illegal and fraudulent.
Whether there was diminution of the deceased's estate by the 1st respondent's act of transferring the suit property into the 2nd respondent's name before obtaining letters of administration.
Whether the suit property was taken out of the deceased's estate by the 1st respondent and not distributed to the 2nd respondent.

Orders

Appeal dismissed.
No order as to costs.

Key headnotes

Succession & Estates — Administration of Estates — Letters of Administration — Doctrine of Relation Back

Under s.192 of the Succession Act a grant of letters of administration relates back to the moment after the death of the deceased and validates acts performed by the administrator concerning the estate before the grant, including the distribution of the estate to beneficiaries.

Succession & Estates — Validation of Dispositions — Exception for Acts Diminishing the Estate

Under s.193 of the Succession Act, letters of administration do not validate intermediate acts of the administrator that tend to diminish or damage the estate; such acts form an exception to those that may be validated by the doctrine of relation back.

Land & Property — Transfer of Title — Instrument of Transfer

Where an administrator has power to transfer estate property, whether the transfer is effected by a succession certificate or by an ordinary transfer form is of no material significance to the validity of the transfer.

Estoppel — Estoppel by Acquiescence — Requirement of Inducing Conduct

Estoppel by acquiescence does not apply where the party against whom it is invoked did nothing by words or conduct to induce the other party's actions; mere delay in commencing an action does not, of itself, amount to acquiescence.

Limitation — Claims to the Estate of a Deceased Person — Limitation Act s.20

Under s.20 of the Limitation Act, an action in respect of a claim to the personal estate of a deceased person, or to a share or interest in such estate, must be brought within 12 years from the date when the right to receive the share or interest accrued.

Civil Procedure — Appeals — Abandonment of Grounds Not Argued

Grounds of appeal that are not canvassed in counsel's submissions are treated as abandoned, and the court will make no findings on them.

Legislation cited (11)

Succession Act s.191
Succession Act s.192
Succession Act s.193
Succession Act s.27(1)
Succession Act s.28
Administrator General's Act s.17
Administrator General's Act s.4
Registration of Titles Act s.134
Evidence Act s.114
Limitation Act s.20
Supreme Court Rules rule 81(1)

Cases cited (8)

Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
Maritime Electric Co Ltd v General Dairies Ltd [1937] AC 610
Attorney General v Abdul Karim Winyi (Civil Appeal No. 24 of 1992)
Administrator General v Akello Joyce Otti and Donato Otti (Civil Appeal No. 5 of 1993)
Mabosi v Uganda Revenue Authority (Civil Application No. 16 of 1995)
Uganda Breweries Ltd v Uganda Railways Corporation (Civil Appeal No. 6 of 2001)
Israel Kabwa v Martin Banoba Musiga (Civil Appeal No. 52 of 1995)
Active Automobile Spares Ltd v Crane Bank Ltd (Civil Appeal No. 21 of 2001)

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