Administrators of the estate of the late Yozefu Mukiibi v Administrator General & 10 Ors (Miscellaneous Application No. 1129 of 2017)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court declined to compel the Administrator General to administer the estate of late John Mary Serunjogi where the deceased was survived by a widow and adult children capable of administering the estate. The court directed the respondents to apply for Letters of Administration within two weeks. The court granted a limited injunction restraining the respondents from alienating the disputed land pending grant of Letters of Administration and disposal of execution proceedings, but declined to grant an eviction order in the absence of a determination of ownership.

Outcome

Application partly allowed; respondents directed to apply for Letters of Administration; limited injunction granted pending disposal of Letters of Administration application and execution proceedings

Facts

The applicants held Letters of Administration to the estate of the late Yozefu Mukiibi following revocation of an earlier grant to John Mary Serunjogi. The revocation was ordered after the court found that Serunjogi had alienated and wasted the estate. The applicants demanded that Serunjogi and his family vacate land at Maganjo claimed to belong to Mukiibi's estate. Serunjogi filed a suit which was dismissed for want of prosecution. Before execution proceedings against him could be heard, Serunjogi died in August 2016. His widow and nine adult children (the 2nd to 11th respondents) remained on the land and claimed it belonged to their late father's estate. The applicants sought to nominate a legal representative to continue execution proceedings and sought an injunction restraining the respondents from dealing with the land. The Administrator General declined to administer Serunjogi's estate, noting the presence of a widow and adult children capable of doing so.

Issues

1. Whether the court can nominate any of the respondents as legal representative of late John Mary Serunjogi with a view to being added as a party in lieu of late John Mary Serunjogi, to enable the court proceed with and dispose of execution proceedings in EMA 1087/2016.
2. Whether this is a proper case for the issue of an injunction.

Orders

• The respondents are allowed to apply for Letters of Administration.
• The respondents are directed to appear before the Administrator General within two weeks from the date of this ruling to choose people among themselves to apply for Letters of Administration to the estate of the late John Mary Serunjogi.
• An injunction is hereby issued against the respondents restraining them from alienating the disputed land at Maganjo by way of sale, lease, and the carrying on of construction pending the disposal of the application for Letters of Administration to the estate of the late John Mary Serunjogi and the disposal of proceedings under EMA No. 1087 of 2017.
• This order is to be served on the Registrar, the High Court of Uganda, Family Division.
• Each party to bear its own costs of the application.

Rules and key headnotes

Legislation cited (15)

• Judicature Act s.33
• Judicature Act s.38
• Judicature Act s.14(2)
• Judicature Act Order 24 r.4
• Judicature Act Order 24 r.5
• Judicature Act Order 41 r.1
• Succession Act s.192
• Succession Act s.278
• Administrator General's Act s.3
• Administrator General's Act s.4
• Administrator General's Act s.4(4)
• Administrator General's Act s.4(5)(a)
• Administrator General's Act s.5
• Administration of Estates Small Act s.2(2)
• Constitution of Uganda Article 274

Cases cited (1)

• Israel Kabwa v Martin Banoba Musiga (Supreme Court Civil Appeal No. 52 of 1995)

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