Wakilii

A. Sebuliba and Others v D. Nsereko (Civil Suit 255 of 1992)

High Court · [1992] UGHC 107 · 1992 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by Notice of Motion for appointment of administrator pendente lite and restraining order pending determination of suit seeking revocation of Letters of Administration
Decision
Administrator General appointed to administer estate pending resolution of underlying succession dispute; defendant restrained from further administration.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application and appointed the Administrator General as administrator pendente lite. The defendant was restrained from administering the estate pending disposal of the suit seeking revocation of his Letters of Administration. The defendant's failure to appear or file a reply left uncontradicted serious allegations of fraud and maladministration of the estate.

Outcome

Administrator General appointed to administer estate pending resolution of underlying succession dispute; defendant restrained from further administration.

Facts

The late Matayo Levi Nsereko died leaving a will. Letters of Administration were issued to the defendant D. Nsereko in administration cause No. A96/89. The plaintiffs, comprising the widow and children of the deceased (19 beneficiaries in total), challenged the grant alleging the deceased left a valid will rendering Letters of Administration improper. The plaintiffs alleged the defendant was maladministering the estate and fraudulently attempting to take all assets to the exclusion of the rightful beneficiaries, and had avoided distributing assets amongst beneficiaries. A civil suit (No. 255/92) was pending seeking revocation of the grant. The defendant was duly served with the Notice of Motion but neither he nor his counsel appeared at the hearing, and no affidavit in reply was filed.

Issues

  1. Whether the court should appoint the Administrator General as administrator pendente lite pending disposal of the suit challenging the validity of the grant of Letters of Administration.
  2. Whether the defendant/respondent should be restrained from administering the estate of the late Matayo Levi Nsereko pending disposal of the suit.

Orders

  • Application allowed.
  • Respondent restrained from administering the estate of the late Matayo Levi Nsereko until disposal of the pending suit seeking revocation of the grant of Letters of Administration made to the Respondent in administration cause No. A96/89.
  • Administrator General appointed administrator pendente lite until the pending suit is disposed of.
  • Respondent ordered to pay costs of the application.

Rules and key headnotes

Administrator Pendente Lite — Power of Court under Succession Act s.218
Under section 218 of the Succession Act, the court has power to appoint an administrator of the estate of a deceased person pending disposal of any suit touching the validity of the will or for obtaining or revoking any probate or grant of Letters of Administration. An administrator appointed under this section has power to administer the estate under the control and direction of the court but has no power to distribute the estate.
Affidavits — Effect of Uncontradicted Allegations
Where a respondent is duly served with a Notice of Motion and supporting affidavit but fails to file any affidavit in reply, the statements of fact contained in the supporting affidavit stand uncontradicted and the court will accept them as true, particularly where they allege serious misconduct such as fraud and maladministration.
Maladministration of Estate — Grounds for Appointment of Administrator Pendente Lite
Where there are uncontradicted allegations of fraud and maladministration of an estate by an administrator, and such conduct is detrimental to the estate and prejudicial to the interests of beneficiaries, the court will appoint an administrator pendente lite and restrain the challenged administrator from continuing to administer the estate until the dispute is resolved.

Legislation cited (2)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

A. Sebuliba and Others v D. Nsereko (Civil Suit 255 of 1992) [1992] UGHC 107 (10 June 1992)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.