Wakilii

Asaba and 2 Others v Munyoro and 2 Others (Civil Suit No. 7 of 2023)

High Court · [2023] UGHCFD 7 · 2023 Letters of Administration Revoked AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance suit seeking revocation of letters of administration and grant of administration with will annexed; counterclaim challenging validity of purported will
Decision
Letters of administration revoked; estate referred to Administrator General; parties to bear own costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: The deceased died testate. The defendants fraudulently obtained letters of administration by presenting forged family meeting minutes to the Administrator General and misrepresenting that plaintiffs consented to their appointment. The grant was revoked for having been obtained fraudulently and for defendants' failure to file an inventory. Estate referred to Administrator General for consideration of whether to administer given family divisions. No fresh grant issued to plaintiffs as distribution per will already substantially completed and family unable to reach consensus.

Outcome

Letters of administration revoked; estate referred to Administrator General; parties to bear own costs

Facts

The late Bitadwa Francis Wanzala died on 29 November 2016. His daughters (plaintiffs) alleged he left a will read at his burial by Kagoro Robert. The defendants (also children of deceased by another widow) obtained letters of administration in 2020 by presenting family meeting minutes to the Administrator General purportedly showing plaintiffs consented to their appointment. Plaintiffs denied attending the meeting or consenting. Defendants counterclaimed the will was forged. Evidence showed minutes dated 5 April 2019 had no corresponding attendance list; minutes dated 31 May 2019 were presented instead. CAO report confirmed plaintiffs did not participate in appointing defendants. Defendants failed to file any inventory despite grant being issued in 2020. Evidence established will was read at funeral and multiple witnesses including defendants' family members confirmed its existence. Distribution per the will had already occurred.

Issues

  1. Whether the late Bitadwa Francis Wanzala died testate.
  2. Whether the defendants/counter claimants were rightly granted letters of administration to the estate of the late Bitadwa Francis Wanzala.
  3. Whether there exist just cause to revoke and/or annul the grant of letters of administration given to the defendants/counter claimants.
  4. Whether the properties listed by the defendants/counter claimants constitute the estate of the late Bitadwa Francis Wanzala.
  5. What remedies are available to the parties.

Orders

  • Annulment and/or revocation of the letters of administration issued to the defendants in respect of the estate of the late Bitadwa Francis Wanzala.
  • Estate referred to the Administrator General for consideration of whether or not to apply for administration of the estate of the deceased, the late Bitadwa Francis Wanzala, for purposes of confirmation of the distribution already done or for the management of the residue or so much of the estate that may still be undistributed if any.
  • No order as to costs.

Rules and key headnotes

Evidence — Burden of Proof — Forgery — He Who Asserts Must Prove
Where a party alleges that a will is a forgery, the burden is on that party to prove on the balance of probabilities that the document is not genuine. Mere assertions that handwriting is recognisable or that alterations exist, without expert evidence or calling attesting witnesses, are insufficient to discharge this burden.
Succession & Estates — Letters of Administration — Certificate of No Objection — Requirement of Administrator General's Consent
Under section 5 of the Administrator General's Act, no grant of letters of administration shall be made to any person except an executor under a will or the widower of the deceased until proof of having given the Administrator General notice is produced. This proof is the certificate of no objection issued upon notification by intended administrators.
Succession & Estates — Letters of Administration — Revocation for Fraud — Just Cause under Section 234
Just cause for revocation of letters of administration under section 234 of the Succession Act exists where the grant was obtained fraudulently by making false suggestions or concealing material facts from court, or where the grant was obtained by means of an untrue allegation of fact essential in point of law to justify the grant.
Succession & Estates — Letters of Administration — Revocation — Failure to File Inventory
The court is entitled to find just cause for annulment or revocation of a grant of letters of administration where the administrators have failed to exhibit an inventory or account as required under Part XXVI of the Succession Act.
Administrative Law — Administrator General — Referral of Estate under Section 251
Where a family is so divided that beneficiaries cannot reach consensus on distribution and the estate may go to waste, the court may refer the estate to the Administrator General for consideration of whether to apply for administration under section 251 of the Succession Act rather than grant administration to any family members.

Legislation cited (6)

Cases cited (3)

  • Lugazi Progressive School and Another v Sserunjogi and Others [2001-2005] 2 HCB 12
  • Tumusiime Paul and 3 Others v Haji Wahab Semakula (High Court Civil Suit No. 76 of 2013)
  • Ronald Kasibante v Shell (U) Ltd [2008] HCB 163

Full judgment

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

Asaba and 2 Others v Munyoro and 2 Others (Civil Suit No. 7 of 2023) [2023] UGHCFD 7 (22 February 2023)
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.